Timaru HRC 20 November 2021 – R6 – David McCormick

ID: RIB5928

Respondent(s):
David McCormick - Driver

Applicant:
Vinnie Munro, Stipendiary Steward

Adjudicators:
Russell McKenzie

Information Number:
A13710

Decision Type:
Adjudicative Decision

Charge:
Using Whip Free of the Rein

Rule(s):
869 (2) and Whip and Rein Regulations

Plea:
Admitted

Animal Name:
Maui

Code:
Harness

Race Date:
20/11/2021

Race Club:
Timaru Harness Racing Club

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

Race Number:
R6

Hearing Date:
20/11/2021

Hearing Location:
Phar Lap Raceway, Washdyke

Outcome: Proved

Penalty: Driver David McCormick fined $200

SUMMARY OF FACTS:

Following Race 6, Lineage Logistics/Silver Fern Farms Handicap Trot, Driver David McCormick was charged that as the Driver of MAUI in the race he used his whip free of the rein over the concluding stages.

The Regulations provide that a Driver may only apply the whip in a wrist only flicking action whilst holding a rein in each hand.

SUBMISSIONS:

Mr Munro showed a video replay of the final stages of the race. He pointed out MAUI, driven by Mr McCormick, racing in 3rd position inside the final 100 metres. He then showed Mr McCormick use his whip, free of the rein, on three occasions from that point to the finishing line.

The Committee noted that MAUI finished in 2nd placing in the race, beaten by a 1/2 length.

REASON FOR DECISION:

Mr McCormick having admitted they charge, it is found proved accordingly.

SUBMISSION FOR PENALTY:

Mr Munro said that the NZTR Whip Penalty Guide suggested a starting point in the range of $200-$400 for a low-level first offence.

He said that Mr McCormick has had 25 drives this season, mainly driving his own team. This breach was low-level, he said. Mr McCormick has a clear record.

REASON FOR PENALTY:

Mr McCormick has used his whip three times free of the rein in what is a low-level offence – a Driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style.

The Penalty Guide provides for a fine in the range of $200-$400 for such a low-level first offence. There are no relevant aggravating or mitigating factors.

CONCLUSIONS:

Driver David McCormick is fined the sum of $200.

Decision Date: 20/11/2021

Publish Date: 22/11/2021