Waikato BOP H 9 September 2021 – R6 (heard 16 September 2021 at Cambridge) – Ross Paynter

ID: RIB4600

Respondent(s):
Ross Paynter - Driver

Applicant:
Mr S Mulcay-Stipendiary Steward

Adjudicators:
Mr A Godsalve

Persons Present:
Mr Mulcay, Mr Paynter

Information Number:
A16258

Decision Type:
Adjudicative Decision

Charge:
Uses whip free of the rein

Rule(s):
869(2)

Plea:
Admitted

Animal Name:
I GOT MUSIC

Code:
Harness

Race Date:
09/09/2021

Race Club:
Waikato BOP Harness Racing Inc

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

Race Number:
R6

Hearing Date:
16/09/2021

Hearing Location:
Cambridge

Outcome: Proved

Penalty: Driver Ross Paynter is suspended from driving in races for 2 days

SUMMARY OF FACTS:

This matter was heard at Cambridge on 16th September 2021 after been adjourned from the Cambridge meeting on 9 September 2021.

EVIDENCE:

Following the running of Race 2 Mr Mulcay submitted an Information alleging that Driver R Paynter ‘used his whip free of the rein in the final straight’.

The Regulations ( 3.1.) provide that ‘A Driver may only apply the whip in a wrist 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 Paynter was present at the hearing and indicated that he understood the Rule and Regulations and that he admitted the breach.

Mr Mulcay said that in the final straight Mr Paynter reverted to the old style of whip use for a distance greater than 50 metres.

Mr Paynter said he ‘ forgot’ about the new Regulations, adding that he was only driving at present due to a lack of Drivers following the implications of the Covid lockdowns. He added that he had corrected his whip action after realising he was using the old action however the damage had been done.

REASON FOR DECISION:

As the breach has been admitted the charge is proved.

SUBMISSION FOR PENALTY:

Mr Mulcay stated that the breach was in the middle range and that starting point was a fine of $500 or a 2 day suspension.

Mr Paynter said he would prefer a suspension.

REASON FOR PENALTY:

The Committee believed that the breach warranted a suspension as some of the strikes were applied with some force, and fixed that at 2 days.

CONCLUSIONS:

Mr Paynter is suspended from driving at race meetings from after the meeting at Cambridge on 16th September until after the meeting at Cambridge on 30th September 2021 – 2 days.

(Note: There is a meeting programmed for Auckland on 24 September 2021- if that meeting is held at Auckland Mr Paynter indicated he would not be driving there due to Covid. If that meeting is transferred and goes ahead at Cambridge on 24th September 2021 then Mr Paynter’s suspension will expire after the running of that meeting. Either way the suspension is for 2 days.)

Decision Date: 16/09/2021

Publish Date: 17/09/2021