Waikato BOP H 29 May 2025 – R2 – Cliff Wilson

Summary of Facts:

Following the running of Race 2, the Respondent Mr Wilson admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip free of the rein and with more than a wrist flicking motion over the final 100m.

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 Mr Williams used available video footage to demonstrate the breach.  He identified Mr Wilson, when approaching the 100m, drops his right foot while looking to activate the gear. He then uses the whip in his left hand free of the rein, forcefully and continuously over the closing 100m.

In response, the Respondent advised the Adjudicative Committee that the ear plugs were set on the left side and he is left-handed. He said that he failed to take the rein back to his left hand and then took the whip from the dust sheath, using the whip in his hand free of the rein.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Williams produced the Respondent Mr Wilson’s record, which indicated he was a very infrequent Driver, having had two drives this season and four last season.

Mr Williams said that Stewards assessed the breach to be mid-level and submitted that it be dealt with by way of a $500 fine or 2-day suspension; he added that generally a 2-day suspension for an Amateur Driver equates to a calendar month suspension.

The Respondent submitted he would prefer a suspension as opposed to a 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 mid-level.

A medium-level breach is defined as when a Driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.

A medium-level breach, the start point is either a fine ($500), or period of suspension (2 meetings).

In terms of penalty, the Respondent submitted he had inadvertently held the rein in his right hand, not returning the rein to this left hand and then taken the whip from the dust sheath.

Having considered all factors, the Adjudicative Committee deemed a suspension to be an appropriate penalty.

Conclusion:

The Respondent is suspended for a period of one calendar month, commencing after racing on 29 May 2025 and concluding after racing on 28 June 2025.