Rangiora HRC 18 December 2022 – R3 – Ben Hope
ID: RIB14609
Animal Name:
RACINGMISSGRACIE
Code:
Harness
Race Date:
18/12/2022
Race Club:
Rangiora Harness Racing Club
Race Location:
Rangiora Racecourse - 312 Lehmans Road, Fernside, Rangiora, 7440
Race Number:
R3
Hearing Date:
18/12/2022
Hearing Location:
Rangiora
Outcome: Proved
Penalty: Junior Driver, Ben Hope, is fined $250.
BACKGROUND:
Following the running of Race 3, Taggart Earthmoving Pace, the Respondent, Junior Driver Ben Hope, as the Driver of RACINGMISSGRACIE in the race, admitted a charge of using his whip in a continuous manner 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:
3.3 A driver shall not use a whip in an unapproved manner.
3.4 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, Paul Williams, showed a video replay of the final 350 metres of the race. He pointed out RACINGMISSGRACIE, driven by the Respondent, racing four places back on the markers as the field turned into the home straight. He alleged that, early in the run home, a run became available to the Respondent in the passing lane, whereupon the Respondent commenced to use his whip, and did so in a continuous manner throughout the run home, with only some very brief pauses, Mr Williams said. Stewards were not contending that the whip use involved more than a wrist only flicking motion, he said.
The Respondent submitted that his whip use was not at the “upper end” of continuous, and there were some breaks.
The Adjudicative Committee noted that RACINGMISSGRACIE, finished in 7th placing, 2.8 lengths from the winner.
DECISION:
The charge is found proved.
SUBMISSIONS FOR PENALTY:
Stipendiary Steward, Paul Williams, produced the Respondent’s record – 323 drives this season and 550 last season. He is a very busy Junior Driver. His record under the Whip Rules is clear. He submitted that any fine should not be less than $200.
REASONS FOR PENALTY:
The Adjudicative Committee found that this breach was medium-level. The Adjudicative Committee notes that the starting point for penalty for continuous use is, in most cases, a fine of $300. The Adjudicative Committee is able to give the Respondent a discount for his clear record and his admission of the breach. That discount will be $50.
CONCLUSION:
The Respondent, Junior Driver Ben Hope, is fined $250.
Decision Date: 18/12/2022
Publish Date: 18/01/2023