Timaru HRC 2 October 2022 – R3 – Robbie Holmes

ID: RIB11335

Respondent(s):
Robbie Holmes - Driver

Applicant:
Mr Shane Renault, Stipendiary Steward

Adjudicators:
Geoff Hall

Persons Present:
Mr Matt Sole, Stipendiary Steward

Information Number:
A17097

Decision Type:
Race Related Charge

Charge:
whip used with more than a wrist flicking motion

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
ELEPHANTINTHEROOM

Code:
Harness

Race Date:
02/10/2022

Race Club:
Timaru Harness Racing Club

Race Location:
Phar Lap Raceway - State Highway 1, Washdyke, Timaru,

Race Number:
R3

Hearing Date:
02/10/2022

Hearing Location:
Timaru

Outcome: Proved

Penalty: Driver Robbie Holmes is suspended for 4 days

Evidence:

Mr Renault alleged that Mr Holmes (ELEPHANTINTHEROOM) used his whip in more than a wrist flicking motion in the run home in Race 3.

Mr Sole prosecuted the matter. Mr Renault demonstrated on the videos that the Respondent when making a run to the outside of the track used his whip 6 times in more than a wrist flicking manner. Mr Holmes explained that adrenalin had got the better of him. On the Timaru track, he said, they go fast up front and he was using the whip to get the horse up. The horse had been responding.

Decision:

As Mr Holmes has admitted the breach, it is found to be proved.

Submissions as to Penalty:

Mr Sole produced Mr Holmes’ record. This showed 137 drives this season. The Respondent had a previous breach on 29 May last when he was suspended for 3 meetings. He had two whip breaches on that day and was fined $300 for the other. One breach was similar in that it was for using the whip with more than a wrist flicking motion.

Mr Sole submitted a 4-day suspension was appropriate.

Reasons for Penalty:

Mr Holmes has admitted using his whip with more than a wrist flicking motion. The starting point in the Penalty Guide is 3 to 5 days for a repeated breach. This is a third breach of the Whip Regulations in a four-month period. The previous penalty was a 3-day suspension. A 4-day suspension is appropriate on this occasion.

Conclusion:

Mr Holmes is suspended from the end of racing on 2 October up to and including 16 October 2022.

Decision Date: 02/10/2022

Publish Date: 06/10/2022