Rangiora HRC 3 March 2024 – R1 – Kevin McClintock

BACKGROUND:

Following the running of Race 1, Taggart Earthmoving (Amateur Drivers) Mobile Pace, Advanced Amateur Driver, Kevin McClintock, denied a breach of the Whip Rules in that, as the Driver of ARIZONAWILDCAT in the race, he “used his whip with more than a wrist flicking motion in the home straight”.

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, had Stipendiary Steward, Paul Williams, show a video replay of the final 200-300 metres of the race. He pointed out ARIZONAWILDCAT, driven by the Respondent, near last and the widest runner of the 7-horse field turning into the final straight. From that point, Mr Sole said, the Respondent used his whip in more than a wrist only flicking motion on six occasions throughout the run home to just prior to the finishing line.

Stewards had no issue with the whip use being continuous, as there were “pushes” in between. However, each time the Respondent went to the whip, he was engaging his elbow and, therefore, in breach of the Rule, Mr Sole submitted.

The Respondent accepted Mr Sole’s assessment of the breach. He explained that, had he taken a hand off the reins and let the bit drop in the horse’s mouth, it would have pulled up in one stride. He accepted that he was in breach of the Rule, but he had got the horse to the line and was doing his best for the horse, he said.

DECISION:

The charge having been admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that the Respondent has had 35 lifetime drives – 1 drive this season and 14 drives in the 2023 season. He does not have a warning under the Rule, but Stewards were concerned that each time the Respondent went for the whip, he was in breach. Thus, he has been charged.

Mr Sole submitted that the breach was medium-level and 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 his preference was for a suspension rather than a fine.

REASONS FOR PENALTY:

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 Adjudicative Committee accepts the submission of Mr Sole that the breach falls into the category of medium-level.

The Respondent’s preference was for a suspension and that suspension will be one of 2 days.

CONCLUSION:

Advanced Amateur Driver, Kevin McClintock, 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.