Reefton TC – 30 December 2021 – R5 – Scott Lethaby

Summary of Facts:

Following the running of Race 5, the Respondent, Mr Lethaby, admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip with more than a wrist flicking motion in the home straight.

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.

Stipendiary Steward, Mr Quirk used available video footage to demonstrate the breach. Mr Quirk showed Mr Lethaby initially strike his horse two times in breach of the Rule then travel some distance before he then struck the horse again in a non-compliant fashion before reverting to a compliant style for the rest of the straight.

In response, the Respondent advised the Adjudicative Committee that he agreed with the three strikes being more than a wrist flicking motion.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Quirk produced Mr Lethaby’s record which indicated he had a clear record for this Rule.

The Stewards assessed the breach to be low-level and submitted that it be dealt with by way of a fine in accordance with the Guidelines.  A fine of $200 was sought.

Mr Lethaby did not make submissions in relation to penalty.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the video footage of the concluding stages of the race the Adjudicative Committee assessed the breach as low-level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

A low-level Penalty range is $200-$400 (first offence).

Having considered all factors, the Adjudicative Committee deemed a fine of $200 to be an appropriate penalty.

Conclusion:

The Respondent is fined $200.