Rangiora HRC 1 January 2023 – R3 – Robert Anderson

ID: RIB13923

Respondent(s):
Robert Anderson - Driver

Applicant:
Shane Renault, Stipendiary Steward

Adjudicators:
Mr Russell McKenzie

Persons Present:
Mr Renault, Mr Anderson

Information Number:
A21105

Decision Type:
Race Related Charge

Charge:
Using whip free of the rein

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Animal Name:
JEZEBEL

Code:
Harness

Race Date:
01/01/2023

Race Club:
Rangiora Harness Racing Club

Race Location:
Rangiora Racecourse - 312 Lehmans Road, Fernside, Rangiora, 7440

Race Number:
R3

Hearing Date:
01/01/2023

Hearing Location:
Rangiora Racecourse

Outcome: Proved

Penalty: Open Driver, Robert Anderson fined $200

BACKGROUND:

Following the running of Race 3, Balcairn Stockfoods F&M Mobile Pace, the Respondent, Open Driver, Robert Anderson, as the Driver of JEZEBEL in the Race, admitted a charge of using his whip free of the rein on one occasion 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 100 metres of the Race. He pointed out JEZEBEL, driven by the Respondent, the leader as the field raced inside the final 100 metres. Mr Renault then showed that, shortly thereafter, the Respondent put the reins in his left hand and struck his horse with his whip on one occasion, before regathering the reins.

JEZEBEL finished in 2nd placing in the Race, the margin being a ½ length.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Shane Renault, said that the Respondent had 11 drives in the extended season just completed.  He has a clear record. The starting point for a low-level breach, as this was, is a fine of $200 and that would be an appropriate penalty in this case, Mr Renault submitted.

REASONS FOR PENALTY:

The Committee agreed with Mr Renault’s submission that this breach was low-level as defined in the HRNZ Whip 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 a compliant style”.

For a low-level breach such as this, the HRNZ Whip Penalty Guide provides for a penalty range of a fine of $200-$400. In this case, there are no relevant aggravating or mitigating factors to consider and a penalty at the lower end of that range is appropriate.

CONCLUSION:

The Respondent, Open Driver, Robert Anderson, is fined $200.

Decision Date: 01/01/2023

Publish Date: 12/01/2023