Timaru HRC 28 May 2023 – R1 – Nigel Chalmers

ID: RIB22206

Respondent(s):
Nigel Chalmers - Driver

Applicant:
Stipendiary Steward - Mr Matt Sole

Adjudicators:
Mr D Anderson

Persons Present:
Stipendiary Steward - Mr Shane Renault, Mr Sole

Information Number:
A21360

Decision Type:
Race Related Charge

Charge:
Using whip with more than a wrist flicking motion

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

Plea:
Admitted

Animal Name:
DALNESS ARIZONA

Code:
Harness

Race Date:
28/05/2023

Race Club:
Timaru Harness Racing Club

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

Race Number:
R1

Hearing Date:
28/05/2023

Hearing Location:
Phar Lap Raceway

Outcome: Proved

Penalty: Amateur Driver Nigel Chalmers is suspended for 2 months

EVIDENCE:

Following the running of Race 1, Stipendiary Steward Mr Matt Sole presented an Information alleging a breach of Rule 869(2) by Amateur Driver Mr Nigel Chalmers.

Mr Chalmers stated he was conversant with the Rule, understood the charge and confirmed he admitted the breach.

Mr Sole had Mr Renault identify Mr Chalmers leading the field entering the home straight. He pointed to Mr Chalmers use his whip with more than a wrist flicking motion several times in the run home. He said Mr Chalmers has returned to a compliant style towards the end of the race.

Mr Chalmers did not have anything to add.

DECISION:

The Respondent having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said Mr Chalmers has had 2 drives this season and 2 the previous season. Mr Sole said Mr Chalmers was suspended for 1 month on the 26 March 2023 which was his last drive. He said the Stewards’ assessment of this breach falls in the mid-range and would be seeking a suspension of no less than 4 days.

Mr Chalmers made no submissions for Penalty.

REASONS FOR PENALTY.

The Penalty Guidelines provide a 4-day suspension for a second breach at mid-level. In the circumstances of this case, the Adjudicative Committee can see no reason to depart from the Penalty Guidelines and therefore determines a 4-day suspension, relating to a 2 month sanction for an Amateur Driver, as an appropriate Penalty.

CONCLUSION:

Amateur Driver Mr Nigel Chalmers, is suspended from the conclusion of racing today, up to and including, racing on the 28 July 2023.

Decision Date: 28/05/2023

Publish Date: 29/05/2023