Rangiora HRC 1 May 2022 – R6 – Lionel Dobbs

BACKGROUND:

Following the running of Race 6, Five Peaks Brew Co Pace, the Respondent Graduation Driver, Lionel Dobbs, admitted a breach of Rule 869(2). The particulars of the charge are that the Respondent, as the Driver of POCKET CALL in the race, used his whip with more than a wrist only flicking motion and free of the rein in the back straight on the final occasion.

Rule  869 provides that:

(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 that:

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 rein pointing forward in an action which does not engage the shoulder.

EVIDENCE:

Stipendiary Steward, Paul Williams, used available video footage (back straight camera) to demonstrate the breach. He pointed out POCKET CALL , driven by Mr Dobbs, racing outside the leader with approximately 900 metres to race. Mr Williams then showed that Mr Dobbs used his whip on three separate occasions free of the rein and, on another two occasions, with more than a wrist only flicking motion.

In response, the Respondent accepted the allegation of Stewards.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent has had 11 drives this season (from 1 January 2022). On 23 December 2021 at Ashburton he received a suspension of 2 days for a medium-level breach of using his whip in more than a wrist only flicking motion.  He has cooperated with Stewards during the inquiry into this breach and he has apologised for the breach, Mr Williams said. Mr Dobbs is not a frequent Driver. Stewards submitted that a term of suspension of not less than 4 days would be appropriate, Mr Williams said.

The Respondent said that he wished any suspension to commence immediately.

REASONS FOR PENALTY:

This is a low-level breach, defined in the HRNZ Whip Penalty Guide (effective 1 October 2020) as “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”. This is the Respondent’s second breach within the relevant period, 11 drives since the previous breach, so a suspension is required. That suspension needs to be meaningful. Mr Dobbs received a suspension of 2 days for his previous breach and this breach requires an increase on that penalty.

CONCLUSION:

The Respondent, Lionel Dobbs, is suspended for a period of 4 days commencing after the conclusion of racing on 1 May 2022 up to and including 15 May 2022 – 4 days. The meetings intended to be encompassed by the period of suspension are NZ Metropolitan TC on 6 May, Rangiora HRC on 8 May, NZ Metropolitan TC on 10 May and Ashburton TC on 15 May 2022. The premier meeting of NZ Metropolitan TC on 13 May has been excluded. The Respondent, as a Graduation Driver, is not eligible to drive at that meeting.