Waikato BOP H 6 July 2023 – R4 – Jay Abernethy

Summary of Facts:

Following the running of Race 4, the Respondent Jay Abernethy admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip in 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.

Stipendiary Steward S Mulcay used available video footage to demonstrate the breach. He said that on straightening, Mr Abernethy used his whip in more than a wrist flicking motion before being tightened in the home straight, and putting his whip away.

Mr Abernethy made no comment in relation to the incident.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Mulcay produced the Respondent’s record which indicated 1 previous breach in the last 6 months. He said that this breach had incurred a 4 day suspension, however at the time, it was Mr Abernethy’s 4 breach in the 6 months prior.

Mr Mulcay said that Stewards assessed the breach to be at around mid-range and submitted that the Stewards would be seeking a 4 day suspension.

Mr Abernethy submitted that this was his 2nd breach in 6 months and the Penalty Guide identified the starting point for a low-level breach at 3 days. He said that Northern Drivers were penalised harsher than Southern Drivers in regard to suspensions, as a result of limited opportunities.

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 to be just below mid-range, with the infringing strikes having occurred for a short distance in the home straight (less than 50m).

Having considered all factors, the Adjudicative Committee saw no reason to deviate from the Penalty Guide and issued a penalty of 3 Northern Days in relation to the breach. This is in line with a low level breach of the Whip and Rein Regulations.

Conclusion:

Mr Abernethy is suspended for a period of 3 Northern Days, commencing after racing on the 6th of July 2023 and concluding after racing on the 28^th of July 2023.