Waikato-BOP H 24 March 2022 – R10 – Jeff Darby

ID: RIB8254

Respondent(s):
Jeff Darby - Driver

Applicant:
Steve Mulcay - Senior Stipendiary Steward

Adjudicators:
Bryan Scott

Persons Present:
Mr Jeff Darby - Amateur Driver of CHRIS KYLE; Mr Steve Mulcay - Stipendiary Steward

Information Number:
A11120

Decision Type:
Adjudicative Decision

Charge:
Using the Whip with more than a wrist flicking motion.

Rule(s):
869(2) and the Whip and Rein Regulations

Plea:
Admitted

Animal Name:
CHRIS KYLE

Code:
Harness

Race Date:
24/03/2022

Race Club:
Waikato BOP Harness Racing Inc

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

Race Number:
R10

Hearing Date:
24/03/2022

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Driver Jeff Darby was fined $400

Following the running of the HIRE A VENUE AT CAMBRIDGE RACEWAY MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr Steve Mulcay against Amateur Driver Mr Jeff Darby alleging that Mr Darby as the Driver of CHRIS KYLE used his whip with more than a wrist flicking motion in the run home.

Rule 869(2) provides: No driver shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.

The Whip and Rein Regulations in part 3.1 provide: 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.

Mr Darby was present at the hearing and he acknowledged that he understood the Rule and Regulations and that he admitted the breach.

Mr Mulcay, when demonstrating the incident using the race films, identified CHRIS KYLE and its Driver Mr Darby. He showed that in the run home Mr Darby used his whip on several occasions with more than a wrist flicking motion. He said that they were not continuous but there were several strikes in the last 100 metres.

Mr Darby accepted Mr Mulcay’s evidence and he said that this was only his fourth drive under the new Rules. Mr Darby said that he had had over 150 drives and Mr Mulcay confirmed that at 154 drives.

PENALTY SUBMISSIONS:

Mr Mulcay said that Mr Darby had a clear record under this Rule and he is an Amateur Driver. He did say however that the incident continued on for over 50 metres and as far as the Stewards were concerned this incident fell into the medium range of seriousness.

He then said that under the Whip Guidelines the starting point penalty was either a $500 fine or a suspension of Licence for 2 days.

Mr Darby pointed to his number of drives under the new Rules and said he wasn’t used to the Whip Rules.

PENALTY REASONS:

The incident, as it happened in the home straight, is very clearly shown on the race films. Mr Darby has admitted the breach but in view of the film evidence he had no option.

The Adjudicative Committee does not accept that the small number of drives under the new Rules and Regulations is an excuse. Drivers are expected to be familiar with the Rules particularly those pertaining to driving.

It was explained to Mr Darby that a suspension of Licence for an Amateur Driver would have to be greater than 2 days to be a meaningful penalty.

The Adjudicative Committee therefore deals with this by the imposition of a fine. The Adjudicative Committee agrees with Mr Mulcay as to the seriousness of this incident.

Mr Darby is however given credit for his clear record under this Rule and the fact that he is an Amateur Driver.

The Adjudicative Committee has taken the starting point penalty and taking the mitigating factors into account, has given a $100 credit.

CONCLUSION:

Mr Darby is fined $400.

Decision Date: 24/03/2022

Publish Date: 28/03/2022