Wairarapa HRC 2 January 2023 – R4 (heard 4 January 2023 at Otaki) – Jay Abernethy

Evidence:

An Information was lodged alleging contravention of the Whip and Rein Regulations. The breach related to Race 4 of the Wairarapa Harness Racing meeting held on 2 January 2023 with the hearing held at the Kapiti Coast Harness Racing meeting on 4 January 2023.

The charge was issued under Rule 869(2) which states:

No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the board.

Details of the breach are as follows:

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

Using available film Mr Williams identified the incident which took place in the home straight.

Mr Abernethy confirmed that he agreed with the assertion of the Stewards.

Decision:

As Mr Abernethy admitted the breach it is deemed to be proved.

Submissions for Penalty:

Mr Abernethy’s recent record (as it related to this Rule) was presented and is outlined as follows

Waikato BOP HRC – 13/10/2022 $200 fine

Manawatu HRC – 6/12/2022 3 day suspension

Mr Abernethy has had some 64 drives subsequent to the October breach. In providing penalty submission Steward referred the Adjudicative Committee to the current Penalty Guideline along with definitions provided in respect of breach severity ie: low, medium and high

Mr Abernethy did not offer comment around penalty although confirmed that any suspension could take effect immediately.

Reasons for Penalty:

Upon considering all matters the Adjudicative Committee is satisfied that the actions of Mr Abernethy represent a low range breach of the Whip and Rein Regulations. Upon reference to the Penalty Guidelines a 4 day suspension is considered appropriate.

Conclusion:

Mr Abernethy’s Licence to drive in races is suspended from the close of racing on 4 January 2023 up to and including 20 January 2023 – 4 days.