Waikato BOP H 4 March 2025 – R2 – Jeff Darby

Background:

Following the running of Race 2, the ‘NZB Kiwi 8 March 2025 at Ellerslie Mobile Pace’ (Amateur Drivers), an Information was lodged alleging a breach of Rule 869(2) and the Whip and Rein Regulations. Details of the Information are as follow:

‘in that he used his whip with more than wrist flicking motion in the run home’

Mr Darby confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach.

Rule 869(2) provides ‘ No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the Board’. The Regulations remain specific in respect of definition.

Evidence:

Using available film, Stewards identified the incident. Into the home straight, LUKAKU is positioned 4 horses away from the ‘fence’, finishing strongly. Between the approx. 125 and 50 metre point, Mr Darby is seen to strike his drive in a non compliant manner on 5 occasions. The horse went on to win the race. When asked, Mr Darby confirmed that he agreed with Stewards’ interpretation.

Decision:

As the charge was admitted, it was found proved.

Penalty Submissions:

Stewards outlined Mr Darby’s record as it relates to this Rule and related Regulations within the last two months. He had received a warning at the Waikato BOP Meeting on 9 January 2025. Stewards remained of the view that on this occasion, the breach was low range and referred the Adjudicative Committee to the current Penalty Guide. Mr Darby expressed that he preferred a suspension over imposition of a fine.

Reasons for Penalty:

Film provided clearly identifies the offence. The Adjudicative Committee is satisfied that given the number of strikes, along with the distance over which the breach occurred (nearing 50 metres), the offence represented a low/mid range breach of the Rule. Guidelines provide for a penalty of 2 days suspension or $300 fine – low range and 2 days suspension or $500 fine – mid range. Given circumstance, a suspension of 2 days is deemed appropriate. As is the case with Amateur Drivers, there is difficulty in identifying specific days to which such suspension would apply, particularly where programmes remain tentative. Referencing convention suspension is therefore calculated on the basis of 2 drives per calendar month.

Conclusion:

Mr Darby’s Amateur Drivers Licence is suspended for 1 calendar month, from 5 March 2025, up to and including 4 April 2025.