NZ Metro TC 17 March 2023 – R1 – Lawrence McCormick

BACKGROUND:

Following the running of Race 1, IRT. Your Horse. Our Passion. Handicap Trot, the Respondent, Open Driver, Lawrence McCormick, as the Driver of VERTIGO in the Race, admitted a charge of using his whip in more than wrist flicking motion 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, Shane Renault, showed a video replay of the final 200 metres of the race. He pointed out VERTIGO, driven by the Respondent, racing three places back on the markers as the field turned into the home straight. Shortly after activating gear early in the run home, the Respondent commenced to use his whip, and did so in more than a wrist only flicking motion, on 6-7 occasions prior to reverting to a compliant style for the remainder of the run home, Mr Renault said.

The Respondent declined the opportunity to comment.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault told the hearing that the Respondent has had 14 drives this season (since 1 January 2023) and, in the 2022 season, had 43 drives. He has a previous breach of the Whip Rules on 11 November 2022, 23 drives ago (suspended 4 days).

This is a second breach, Mr Renault said, and Stewards see it as being low-level. He submitted that a 3-day suspension is appropriate.

The Respondent said that he is expecting to have a drive next week and Trainer, Raewyn Lowe, has a horse ready to race. He also anticipates having another drive on VERTIGO. He does not have a drive at the meeting of Banks Peninsula TC on 19 March, so any suspension can start immediately. Upcoming meetings were then looked at.

REASONS FOR PENALTY:

The Committee found that this breach was low-level as defined in the Penalty Guide, that is to say – “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style of driving”.

For a second offence, low-level breach, the RIB Harness Racing Penalty Guide (February 2023) suggests a starting point of a 3-day suspension. There are no relevant aggravating or mitigating factors to consider.

PENALTY:

The Respondent, Driver Lawrence McCormick, is suspended for 3 days, commencing on 18 March 2023 and ending after 26 March 2023.