NZ Metro TC 9 April 2025 – R6 – David McCormick

Following the running of Race 6, Hydroflow Trot, Open Driver, David McCormick, admitted a breach of the Whip Rules in that, as the Driver of BRIANNA in the race, he “used his whip free of the rein rounding the final bend and again in the run home”.

Rule 869 provides:

(2)  No driver shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Whip and Rein Regulations provide:

3.1     A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video reply of the final 400 metres of the race. He pointed out BRIANNA, driven by Mr McCormick, racing in 5th placing in a gap in the six-horse field, and chasing. He pointed out Mr McCormick use his whip free of the rein on one occasion passing the 400 metres and on two further occasions after turning for home.

Mr McCormick demonstrated on the video replay that the mare was “hanging on the outside rein” so he had to take the rein in his other hand and apply the whip with his right hand, he said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that Mr McCormick has had 14 drives this season and 45 in the 2024 season. He has a clear record under the Whip Rules.

Mr Williams then referred to the Penalty Guide starting point for a low-level, first breach – a $300 fine or a 2-days suspension

Mr McCormick told the Adjudicative Committee that his preference was for a term of suspension instead of a fine. Mr Williams said that Stewards would have no objection to a suspension, and submitted that 2 days would be appropriate.

Mr McCormick has incurred a suspension for an earlier breach in the same race, which suspension ends after racing on 25 April 2025.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a first, low-level breach of a $300 fine or a 2-days suspension. A “low-level breach” is defined as when a Driver “inadvertently uses the old whipping style before returning to the compliant style”. The Adjudicative Committee sees this particular breach as being low-level, within that definition. There have been three strikes free of the rein, spaced and with no significant force.

Mr McCormick had incurred a period of suspension for an earlier breach in the same race, with that suspension ending after racing on 25 April 2025.

CONCLUSION:

Mr McCormick’s Open Driver’s Licence is further suspended from after the close of racing on 25 April 2025, up to and including 30 April 2025 – 2 days.