Timaru HRC 29 September 2024 – R5 – Robbie Holmes

EVIDENCE:

Following the running of Race 5, Stipendiary Steward Mr Shane Renault presented an Information alleging a breach of Rule 869(2) by Driver Mr Robbie Holmes.

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.

 3.2     For the purposes of clause 3.1, “wrist only flicking motion” means:

 3.2.1    Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

Mr Holmes stated he was conversant with the Charge, the Rule and confirmed he admitted the breach.

Mr Renault played the final straight video to show Mr Holmes (BEVRON), finishing the race against the pylons and pointed to Mr Holmes strike his horse four times, which were outside of an acceptable standard.

Mr Holmes made no comment.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Renault said Mr Holmes has driven 226 times this season and was warned in respect of this Rule on 13 September. He said the Stewards viewed the breach as low range and submitted a sanction in line with the Guidelines would be appropriate.

Mr Holmes made no submissions on penalty, however he said he would prefer a fine over a suspension.

REASONS FOR PENALTY:

The Penalty Guidelines provide a $300 fine or a 2 day suspension for a first breach at low level, which this is.

The Adjudicative Committee finds there are no aggravating or mitigating factors present to consider deviating from the Guidelines on this occasion, and imposes a $300 fine on Mr Holmes.

CONCLUSION:

Driver Robbie Holmes is fined $300.