Reefton TC 30 December 2022 – R2 – Brent Borcoskie

BACKGROUND:

Following the running of Race 2, Reefton Plumbing Pace, the Respondent, Open Driver, Brent Borcoskie, as the Driver of TYKE in the Race, admitted a charge of using his whip with more than 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.

EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the final 300 metres of the race. He pointed out TYKE, driven by the Respondent, racing in the trail behind the leader, WOLF OF WALL STREET (Blair Orange), as the field turned into the home straight. Shortly after turning for home, the Respondent entered the passing lane and commenced to use his whip, and did so in more than a wrist only flicking motion, engaging his shoulder and elbow and generating some force, to the finishing line, Mr Renault said.

Stewards believed that the breach was high-level, having gone on throughout the run home, involving probably 12 non-compliant strikes, Mr Renault said. The definition of “high-level breach” in the Penalty Guide was read to the Respondent. He did not accept that the breach was high-level. The whip use was excessive but not “deliberate”, he said. He did not agree that it looked bad.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Shane Renault, said that the Respondent has had 41 drives this season and 94 last season. He has a clear record. The starting point for a high-level breach is a 3-day suspension and that would be an appropriate penalty in this case.

The Respondent did not seek a deferment. He has no drives at the meeting of Rangiora HRC on 1 January 2023, he said.

REASONS FOR PENALTY:

The Adjudicative Committee agreed with Mr Renault’s submission that this breach was high-level as defined in the Penalty Guide, that is to say – “when a driver shows a total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving”.

For a high-level breach, the HRNZ Whip Penalty Guide provides for a starting point of a 3-day suspension. There are no relevant aggravating or mitigating factors to consider.

CONCLUSION:

The Respondent, Open Driver, Brent Borcoskie, is suspended for 3 days, commencing on 31 December 2022 and ending after 15 January 2023. The meeting of Rangiora HRC on 1 January 2023 is excluded.