Rangiora HRC 3 March 2024 – R1- Colleen Negus

BACKGROUND:

Following the running of Race 1, Taggart Earthmoving (Amateur Drivers) Mobile Pace, Advanced Amateur Driver, Colleen Negus, denied a breach of the Whip Rules in that, as the Driver of FOVEAUX GAMBLER in the race, she “used her whip with more than a wrist flicking motion 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.

 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:

Stipendiary Steward, Matt Sole, showed video replays of the final 200-300 metres of the race. He pointed out FOVEAUX GAMBLER, driven by the Respondent, running in last place and on the markers as the 7-horse field turned into the final straight. He pointed out the Respondent come off the back of the runner in front, SEARING LIGHT, and enter the passing lane. From that point, Mr Sole said, the Respondent used her whip in more than a wrist only flicking motion throughout the run home.

The Adjudicative Committee commented that the Respondent’s use of the whip, other than for the final 50 metres or so, was difficult to discern on the replays. The use of the whip in more than a wrist flicking motion involving several strikes was, however, apparent in the closing stages.

The Respondent attempted to explain. She was shown again the final stages of the race. The Adjudicative Committee put to her that her whip use there involved full elbow, shoulder, arm action. This was because she was leaning forward, she said, which accentuated the situation. She was excited that the horse was finishing so quickly. Her whip use was not doing anything to the horse, she said. She admitted that it did not look good.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

Stewards attempted to show that the Respondent had used her whip in more than a wrist only flicking motion throughout the run home. However, the Adjudicative Committee was not satisfied that the video replays showed this sufficiently clearly, if at all.

Accordingly, the charge has been determined on the basis of the video evidence showing the final 50 metres or so of the race, where use of the whip by the Respondent was, quite clearly, in more than a wrist only flicking motion, and involved force being generated by the use of the elbow or shoulder, in clear breach of the Whip and Rein Regulations.

SUBMISSIONS FOR PENALTY:

Mr Sole said that the Respondent has had 153 lifetime drives, 4 drives this season and 20 drives in the 2023 season. She has a clear record under the Rule.

Mr Sole said that Stewards believed the breach was high-level, based on the whip being used in a non-compliant manner for the length of the straight – 10 plus alleged strikes, he said.  However, if the Adjudicative Committee were to rule out the alleged strikes that were difficult to see, Mr Sole said, Stewards would be submitting that the breach was still, at least, mid-level. He referred to the Penalty Guide starting point for a mid-level, first breach – a 2-days suspension or $500 fine. That was the Stewards’ submission in this case, he said.

The Respondent said that her preference was for a fine rather than a suspension, if the Adjudicative Committee were minded to consider a fine.

REASONS FOR PENALTY:

This case is unusual. It is rare in Harness Racing that the video replays do not show the Respondent’s whip use sufficiently clearly for the Adjudicative Committee to determine guilt and/or penalty. In this case, for most of the run home, the Respondent was obscured by the body of the horse to her outside. The Adjudicative Committee was able to find the charge proved based on the video evidence of the final stages, which did show non-compliant whip use.

Now, the Adjudicative Committee must assess the level of the whip use to be applied to determine which Penalty Guide starting point is appropriate.

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a 2-days suspension or a $500 fine for a medium-level, first breach. A “medium-level breach” is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style”. The definition of low-level is the same, except for no reference to 50 metres. In the case of a low-level, first breach, the suspension starting point is the same – 2 days.

Given the inconclusive video evidence in this case, it is difficult for the Adjudicative Committee to assess the level of the breach – low-level or medium-level – but it does not matter. A 2-days suspension is to be imposed either way. The Adjudicative Committee could not consider the breach to be high-level because the available video evidence simply did not show this.

CONCLUSION:

Advanced Amateur Driver, Colleen Negus, is suspended from after the conclusion of racing on 3 March 2024, up to and including 3 April next – 2 days. Those dates are calculated in accordance with the usual formula for calculating the dates of a suspension for an Amateur Driver of 2 drives equals 1 month.