Waimate TC 26 March 2023 – R1- Nigel Chalmers

Miss Haley alleged that in Race 1, Mr Chalmers (NEMO BANDEIRA) used his whip with more than a wrist flicking motion in the run home.

Mr Munro demonstrated the incident on the videos. In the home straight Mr Chalmers, who was racing wide towards the rear of the field, used his whip on a number of occasions, which he estimated to be about 7, with more than a wrist flicking motion. Three or 4 strikes, in particular, were the ‘old style’.

Mr Chalmers was surprised when he viewed the video. He accepted that it was clear that he had breached the Rule in the home straight. His only explanation was that he did not drive enough and he commented that he was committed to changing his whip action.

Decision

As Mr Chalmers has admitted the breach, it is found to be proved.

Submissions as to Penalty

Miss Haley produced the Respondent’s record which showed 33 lifetime drives, 2 drives last season and 1 this. He had been warned 2 drives ago. Miss Haley submitted the breach was low end and a penalty in accordance with the Penalty Guide was appropriate. Mr Chalmers did not disagree with this but asked that the penalty be a suspension rather than a fine.

Reasons for Penalty  

The breach is low end. Mr Chalmers has on a number occasions in the home straight, used his whip in breach of the Whip Rule and the Whip and Rein Regulations. The Penalty Guide provides for a fine in the range of $300 or a 2-day suspension for a first such breach.

A penalty at the starting point in the Penalty Guide is appropriate. Mr Chalmers is an Amateur Driver. Suspensions for an Amateur Driver are calculated on the basis of 2 drives a month.

Conclusion

Mr Chalmers is suspended from the end of racing today up to and including 26 April.