NZ Metro TC 21 April 2022 – R6 – (heard at Rangiora on 8 May 2022) – Ian Cameron

ID: RIB8974

Respondent(s):
Ian Cameron - Driver

Applicant:
Paul Williams, Stipendiary Steward

Adjudicators:
Russell McKenzie (Chair) and Liana Yong

Persons Present:
Mr Williams, Mr Cameron, Mr N McIntyre Chief Stipendiary Steward

Information Number:
A16140

Decision Type:
Non-race Related Charge

Charge:
Using whip in more than a wrist only flicking motion

Rule(s):
869(2) - Misconduct - Whip and Rein Regulations

Plea:
Not Admitted

Animal Name:
PRINCE TEKA

Code:
Harness

Race Date:
21/04/2022

Race Club:
NZ Metropolitan Trotting Club Inc

Race Location:
Addington Raceway - 75 Jack Hinton Drive, Addington, Christchurch, 8024

Race Number:
R6

Hearing Date:
08/05/2022

Hearing Location:
Rangiora Racecourse, Rangiora

Outcome: Proved

Penalty: Driver, Ian Cameron fined $200

BACKGROUND:

Following the running of Race 6, Airpark Canterbury Handicap Trot, the Respondent, Ian Cameron, was charged that as the driver of PRINCE TEKA in the race, he used his whip with more that a wrist only flicking motion in the run home.

The Information was filed with the Committee on race night and heard at the meeting of Rangiora HRC at Rangiora on 8 May.

Mr Cameron had signed the Information indicating the the breach was not admitted and he confirmed this at the commencement of the hearing.

Rule 869(2) provides:

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.

3.2  For the purposes of clause 3.1, “wrist only flicking motion” means:

3.2.1  Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, used the available video replay to demonstrate the breach. He pointed out PRINCE TEKA, driven by the Respondent, in the lead as the field turned into the final straight. He said that Stewards were concerned that Mr Cameron had used his whip on three occasions in more than a wrist only flicking motion, but engaging the elbow, before returning to an acceptable style using the whip through the tail.

The Respondent said that he had bent his elbow, but he was consciously using his wrist. He was not “falling off” with his arm. He hardly ever uses the whip and normally drives without a whip, he said. The Trainer of PRINCE TEKA had wanted him to use a whip. His elbow had been close to his side, he said.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

The Committee had carefully viewed the video replay and considered the evidence and submissions of both parties . The Committee was satisfied that the Respondent has used his whip in more than a wrist only flicking motion on at least three occasions in the final stages of the race. “Wrist only flicking motion”  requires that no force be generated by use of the elbow or shoulder. The Committee was satisfied that  Mr Cameron had clearly used his whip or shoulder as alleged.

SUBMISSIONS FOR PENALTY:

Chief Stipendiary Steward, Nigel McIntyre, said that the Respondent has a clear record, as far as whip breaches are concerned, in the last 6 months. This a low-level breach warranting imposition of the minimum fine of $200 under the Penalty Guidelines.

The Respondent did not wish to make any penalty submission.

REASONS FOR PENALTY:

The breach is low-level within the definition in the HRNZ Whip Penalty Guidelines (effective 1 October 2020) – when a driver inadvertently reverts to the old style (freehand, loose reining an/or more than a flicking motion ) but promptly takes corrective steps to return to a compliant style. There were only three non-compliant strikes, they were spaced and not delivered with any force.

The Penalty Guidelines suggest a penalty range of a fine of $200-$400 for a low-level breach, where the driver has a clear record. A fine at the lower level of that range is appropriate for this breach.

CONCLUSION:

The Respondent, Driver Ian Cameron, is fined $200.

Decision Date: 08/05/2022

Publish Date: 13/05/2022