NZ Metro TC 21 June 2024 – R1 – Warren Rich

BACKGROUND:

Following the running of Race 1, IRT. Your Horse. Our Passion. NZ Amateur Drivers Championship (Heat 2) Mobile Pace, Advanced Amateur Driver, Warren Raymond Rich, admitted a charge that, as the Driver of BEAUDIENE QUICK STEP in the Race, he used his whip in a continuous manner in the run home.

Rule 869 provides as follows:

(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

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

 3.2     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, Shane Renault, showed a video replay of the final 200-300 metres of the race. He pointed out BEAUDIENE QUICK STEP, driven by the Respondent, being drawn out from the one-out, one back position, and improving 3-wide as the field turned into the final straight.  He alleged that from the home turn, the Respondent used his whip continuously, except for a “push”, on a total of twelve occasions, from the top of the straight to approximately the 100 metres before using the rein. The horse finished in 6th placing.

The Respondent had initially declined to plead to the charge but agreed to admit the breach when the meaning of “continuous use” was explained to him.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had 5 drives this season. He has a clear record under the Whip Rule, but was issued a warning for using his whip in a continuous manner on 16 May 2024.

Mr Williams said that Stewards saw the breach as being mid-range. He pointed out that the Penalty Guide recommended starting point for penalty for a mid-range, first breach is a $500 fine, or a 2-day suspension. He stated that the Respondent has indicated that he would prefer a suspension, and Stewards had no objection.

The Respondent confirmed that he would prefer a term of suspension over a fine. He wished any term of suspension to commence immediately.

REASONS FOR PENALTY:

The Adjudicative Committee finds that the breach is medium-level, as submitted by Mr Williams. The RIB Harness Racing Penalty provides a starting point for such a breach, in the case of a suspension, of 2 days. It was not alleged that the whip use, on this occasion, involved more than a wrist only flicking motion but the strikes, while not forceful, were not broken up and did extend for some 120 metres and were, therefore, continuous.

The Respondent prefers a suspension and the breach can appropriately be dealt with by way of a suspension of 2 days.

CONCLUSION:

The Respondent has earlier received a term of suspension for another breach earlier in the same race. That suspension is up to and including 23 July 2024.

Advance Amateur Driver, Warren Rich, is suspended for 1 month (2 days) commencing on 24 July 2024 up to and including 23 August 2024.