Waikato BOP H 4 March 2025 – R5 – Neita Balle

Background:

Following the running of Race 5, the ‘Garrards Horse & Hound Metro Series HT1 Mobile Trot’ an Information was lodged alleging a breach of Rule 869(2) and associated Whip and Rein Regulations. Details are as follows:

‘In that she used her whip in a continuous manner in the run home’

Rule 869(2) provides – No driver  shall during a race use a whip in a manner in contravention of the Whip and Rein Regulations made by the Board. The Whip and Rein Regulations require that a driver shall not use a whip in an unapproved manner. An unapproved manner does include where the whip is applied excessively, continuously, or without allowing the horse time to respond.

The Respondent confirmed that she understood the Rule and admitted the breach. This was endorsed by Mr Butcher who was assisting Ms Balle.

Evidence:

Stewards identified the incident by way of film. On entering the home straight, CONRAD H was positioned away from the fence and had gone to the lead. The horse was then under pressure. Between the 150m mark and just short of the finish line, the horse is struck in what can objectively be described as a continuous manner – 14 strikes. Ms Balle agreed with Steward interpretation. In assisting Ms Balle, Mr Butcher commented that the drive was as a result of exuberance and inexperience.

Decision:

As Ms Balle admitted the breach, it was deemed proved.

Submissions for Penalty:

Stewards produced the Respondent’s record as it relates to any breach of this particular Rule. Her record is clear. Stewards contended the offence remained a medium to high level breach and referred the Adjudicative Committee to the current Harness Racing Penalty Guide. Ms Balle did not offer specific comment and advised that her preference was for a suspension over a fine, with same able to commence immediately.

Reasons for Penalty:

The incident is satisfactorily illustrated and confirmed by way of film. The Rule is well written. Where difficulty does arise, is applying the Penalty Guide starting points and definitions ie: low, medium, high to the particular breach in question eg: more than a wrist flicking motion, continuous etc. On balance, given the number of strikes, the Adjudicative Committee considered the offence represented a high level breach, with the Penalty Guide providing for a 3 day suspension as a starting point. This was adopted, with a 1 day reduction applied to reflect the Respondent’s inexperience and status ie: 2 day suspension.

Conclusion:

The Respondent’s Licence to drive is suspended from the close of racing on 4 March 2025, up to and including 14 March 2025. Meetings identified within this period are Auckland Trotting Club Meetings on 7 March 2025 and 14 March 2025.