NZ Metro TC 17 March 2023 – R5 – Wilson House

BACKGROUND:

Following the running of Race 5, Continental Event Hire Mobile Trot, the Respondent, Junior Driver, Wilson House, as the Driver of SON OF PATRICK in the Race, admitted a charge of using his whip in more than wrist flicking motion in the run home.

The Respondent, a Junior Driver, confirmed that he did not require assistance at the hearing. He had received advice from Open Driver, Gavin Smith, prior to pleading to the charge.

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 SON OF PATRICK, driven by the Respondent, racing outside the leader as the field turned into the home straight. Shortly thereafter, the Respondent commenced to use his whip, and did so in more than a wrist only flicking motion, on four clear occasions prior to reverting to a compliant style for the remainder of the run home, Mr Renault said.

The Respondent explained that he struggled when he turned for home in a longer sulky than usual and he had reached forward as he had used the whip.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Shane Renault, said that the Respondent had received a fine of $200 for using his whip in more than a wrist only flicking motion at the Nelson TC meeting on 15 January 2023.  That was 77 drives ago. The Respondent has had 87 drives this season and 144 last season. Stewards saw the breach as being low-level, Mr Renault. He submitted that a 3-day suspension was appropriate.

The Respondent said that he has notified driving engagements at the Banks Peninsula TC meeting on 19 March 2023 but he did not seek a deferment beyond that date

REASONS FOR PENALTY:

The Adjudicative  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 penalty starting point is a 3-day suspension. There are no relevant aggravating or mitigating factors to consider in this case.

PENALTY:

The Respondent, Junior Driver, Wilson House, is suspended for 3 days, commencing after 19 March 2023 and ending after 24 March 2023.