NZ Metro TC 9 May 2025 – R6 – Olivia Thornley

Following the running of Race 6, Continental Hire – Superstars Championship (Mobile Start) (Group 2), Junior Driver, Olivia Thornley, denied a breach of the Whip Rules in that, as the Driver of VESSEM in the race, “she used her whip in a continuous manner in the early stages of the race”.

Ms Thornley, a Junior Driver, confirmed that she had received advice from Open Driver, Bob Butt, prior to entering a plea to the charge, but did not require his presence at the hearing.

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:

3.3     A driver shall not use a whip in an unapproved manner.

 3.4     For the purposes of clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:

 3.4.2  If the whip is applied excessively, continuously, or without allowing the horse time to respond.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the first 200-300 metres of the race. He pointed out VESSEM, driven by Ms Thornley, the only runner on the second row behind the mobile barrier at the 2600 metres start. Ms Thornley had obviously been “on a mission” to trail BEACH BALL, which had drawn pole position on the front row, Mr Williams said. He showed on the video replay that, prior to the start, she commenced using her whip and used her whip, he alleged, in a continuous, but not excessive (16 times, he alleged), manner to hold that position behind BEACH BALL. She ceased her whip use when she obtained the position she wanted on the back of BEACH BALL, which had held the lead from its inside barrier, Mr Williams said.

Ms Thornley said that she accepted that she had used her whip continuously, but she was also slapping the horse with her left-hand rein at the same time which, she submitted, had the effect of breaking up her whip use.

DECISION:

The charge is found proved.

REASONS FOR DECISION:

“Continuously” can be defined as “prolonged without interruption; unceasing” or “in an unbroken series or pattern” (Collins Dictionary). The Whip and Rein Regulations make it an offence for a Driver to apply the whip continuously.

The Stewards alleged that Ms Thornley has used her whip continuously, and the video evidence supports that she has used her whip at least 16 times over a distance of approximately 200 metres at the start of the race.

Ms Thornley has admitted that she used her whip continuously, but has defended the charge on the basis that she was, at the same time, slapping the horse with the rein in her other hand which, she submitted, had the effect of breaking up her whip use. However, the Adjudicative Committee observed, she has continued to apply her whip, without respite, at the same time as she has been using her left rein.

Rule 869(2) provides that “no driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations”. The Rule does not differentiate between use of the whip at the start of the race and the finish of the race. It is rare for a charge to be brought involving the start of the race, and the vast majority of charges brought relate to excessive whip use at the finish of the race. However, where appropriate, the Stewards may see fit to bring a charge for excessive use of the whip at any stage of a race, including the start.

The Adjudicative Committee finds that Ms Thornley has used her whip continuously and, therefore, the charge is found proved.

SUBMISSIONS FOR PENALTY:

Mr Williams told the hearing that Ms Thornley has had 71 drives this season and 156 in the 2024 season. She has a previous breach on her record – at Addington on 25 April 2025, for using her whip in a continuous manner, fined $400.

The race was a Group 2 Race, Mr Williams said. The Penalty Guide starting point for penalty for a second breach in a Group 2 Race is a 7-days suspension. Ms Thornley had won the race and the Penalty Guide makes provision for a fine of either 12.5% ($200) or 25% ($400) of her stake, according to whether the breach is to be deemed low-level or mid-level, he said.

The breach was on the cusp between low and mid-level, Mr Williams said.

Ms Thornley said that there was no force involved in her whip use, and it was at the start of the race rather than at the finish, when the pressure goes on. She reminded the Adjudicative Committee that she is a Junior Driver. She submitted that the breach was low-level, not mid-level. The horse is lazy and does not wear earplugs, she said.

Ms Thornley sought a deferment until after racing at Addington on 14 May next.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (October 2024) provides a starting point for penalty for a second, low-level breach in a Group 2 Race of a 7-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 strikes were by no means forceful. The Adjudicative Committee sees this particular breach as being low-level, within that definition and, accordingly, adopts a starting point of 6 days.

It is a possible aggravating factor that VESSEM, after securing a favourable run in the trail throughout, was able to go on to win the race. The Adjudicative Committee has not factored this in to the final penalty, having regard to the fact that VESSEM won the race comfortably, by 2 lengths, tending the Adjudicative Committee to be unable to be satisfied that it would not have won the race in any event, all other things being equal. The whip had been used at the start of the race, and not the finish, which is significant.

CONCLUSION:

Junior Driver Olivia Thornley’s Licence is suspended from after the close of racing on 14 May 2025, up to and including 1 June 2025 – 6 days.

In addition, Ms Thornley is fined the sum of $200.