Timaru HRC 29 May 2022 – R4 (heard 2 June 2022 at Addington) – Robbie Holmes

BACKGROUND:

Following the running of Race 4, Turf Services Readylawn Timaru Pace, an Information was filed by Stipendiary Steward, Paul Williams, against Driver, Robbie Holmes, alleging that Mr Holmes, as the Driver of ON REPORT in the race, used his whip with more than a wrist only flicking motion in the run home.

On the raceday, Mr Holmes had signed the Statement by the Respondent on the Information form indicating that he admitted the breach. The hearing of the charge was adjourned and was heard at the meeting of NZ Metropolitan TC at Addington Raceway on 2 June 2022.

Mr Holmes was present at the hearing and he confirmed that he admitted the breach.

Rule 869(2) provides:

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 Use of the Whip Regulations provides:

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 that does not engage the shoulder.

EVIDENCE:

Stipendiary Steward, Paul Williams, used the available video replay to demonstrate the breach. He pointed out ON REPORT, driven by the Respondent, racing in the last few runners and held up as the field turned into the final straight. He demonstrated that the Respondent then commenced using his whip in more than a wrist only flicking motion, while taking gaps, and continued to do so to a point just prior to the finishing line. He submitted that there were 12 non-compliant strikes but they were broken up. It was a low-mid level breach, he said.

DECISION:

The Respondent has admitted the breach which is therefore found proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent has one breach of the Whip Rules on his record, the charge being heard earlier at tonight’s meeting, arising from an earlier race at the Timaru meeting last Sunday (Mr Holmes was fined $300 for using his whip in an excessive and continuous manner). This breach is, therefore, a second offence. As such, Mr Williams said, Stewards were seeking a period of suspension of not less than 3 days.

The Respondent did not wish to make any penalty submission. He said that any suspension could commence after racing at Ashburton on 5 June 2022. He had notified drives at that meeting.

REASONS FOR PENALTY:

This is the Respondent’s second breach of the Whip Rules following, as it does, the breach in the earlier race at the meeting. It is a medium-level breach, defined in the HRNZ Whip Penalty Guide as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”.

The Penalty Guide starting point for suspension for a mid-level breach is 2 days. Mr Williams has submitted that a suspension of not less than 3 days is appropriate for a second breach. The Adjudicative Committee agrees that a 3-days suspension is the appropriate penalty in this case.

CONCLUSION:

The Respondent, Driver Robbie Holmes, has notified drives at the meeting of Ashburton TC on 5 June. He is suspended from after the close of racing on 5 June, up to and including 17 June 2022 – 3 days. The meetings intended to be encompassed by the period of suspension are the three meetings at NZ Metropolitan TC on 9 June, 12 June and 17 June 2022.