Waikato BOP H 12 April 2024 – R6 – Nathan Jack

Summary of Facts:

Following the running of Race 6, The TAB Mobile Trot (Stakemoney $600,000), the Respondent Nathan Jack 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.

Stipendiary Steward S Mulcay used available video footage to demonstrate the breach.  He identified 3-4 strikes that the Stewards had some concern with.

In response, Mr Jack said that he had found it hard to adapt to the NZ Rules, and this may not have been a charge in Australia.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay 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 Jack submitted that he thought that the breach could be dealt with by a fine, but if a suspension was proposed, a 7 day deferment is sought to enable confirmed driving engagements on the 20th of April at Melton for the Nutrient Equine Classic Meet.

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, there were at least 2 strikes that fell outside of the Regulations for compliance.

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 $100,000 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 $650 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 Jack is granted a deferment and is suspended for a period of 6 days, commencing after racing on the 20th of April and concluding after racing on the 26th of April (6 Australian Racing Days) and in addition, he is fined $650.