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Waikato BOP H 22 October 2024 – R2 – John Kriechbaumer

ID: RIB47596

Respondent(s):
John Kriechbaumer - Other (Advanced Amateur Driver)

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr A Smith (Chair), Mrs H Gray

Information Number:
A10601

Decision Type:
Race Related Charge

Charge:
Breach of Whip and Rein Regulations

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

Plea:
Admitted

Stewards Report

Results

Animal Name:
BENSON DUDE

Code:
Harness

Race Date:
22/10/2024

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R2

Hearing Date:
22/10/2024

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Driver John Kriechbaumer is fined $300

Summary of Facts:

Following the running of Race 2, the Respondent John Kriechbaumer admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip with 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.

Senior Stipendiary Steward S Mulcay used available video footage to demonstrate the breach. He said shortly after entering the straight, Mr Kriechbaumer activated the gear and commenced to use the whip on his runner. He said there were 3 strikes that the Stewards deemed to be non compliant and these were well spaced.

In response, Mr Kriechbaumer said that 2 were definitely outside of the Guidelines, but he wasn’t certain about the 3rd strike.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Mulcay produced the Respondent’s record, which was clear.

Mr Mulcay said that Stewards assessed the breach to be in the low-level and submitted that it be dealt with by way of $300 fine.

The Respondent asked if consideration could be given to the level of the fine.

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.

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 has a starting point of $300.

Having considered all factors, the Adjudicative Committee deemed a fine of $300 to be an appropriate penalty.

Conclusion:

The Respondent is fined $300.

Decision Date: 22/10/2024

Publish Date: 25/10/2024