Waikato BOP H 12 April 2024 – R6 – Chris Svanosio

Summary of Facts:

Following the running of Race 6, The TAB Mobile Trot (Stakemoney $600,000), the Respondent Chris Svanosio admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip in more than a wrist flicking motion in the run home.

Rule 869 provides that:

(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.

Chief Stipendiary Steward N McIntyre used available video footage to demonstrate the breach.  He identified 2-3 strikes which the Stewards considered were overtly forceful, before Mr Svanosio reverted to a compliant style.

In response, Mr Svanosio said he accepted the evidence of the Stewards. He said was sitting back in the sulky and had borrowed a whip that was too short, so had to reach forward when striking his horse. He intimated that this gave the illusion that the strikes were harder than they actually were.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr McIntyre said that Stewards assessed the breach to be low-level and advised that the starting point for a breach of this nature in a race worth more than $100,000, was a 7 day suspension and a fine of 12.5%.

Mr Svanosio indicated that any proposed suspension could commence after committed drives back in Australia on the 13th of April.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as low level. In the Adjudicative Committee’s opinion, Mr Svanosio engaged his elbow in order to generate force with his application of the whip. This action was a breach of the Whip & Rein Regulations.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

A low-level breach of Rule 869(2) that occurs in a race assessed as Group 1 or for a stake worth $100k or more, has a starting point suspension of 7 days and a fine of 12.5%. The 7 day starting point assumes that the breach is in the mid range.

Having considered all factors, the Adjudicative Committee deemed a suspension of 6 days and a fine of $375 to be an appropriate penalty.

In assessing the particular days of suspension, the Stewards advised that Australian Drivers would have their Australian driving opportunities calculated.

Conclusion:

Mr Svanosio is granted a deferment and is suspended for a period of 6 days, commencing after racing on the 13th of April and concluding after racing on the 19th of April (6 Australian Racing Days) and in addition, he is fined $375.