Westport TC 26 December 2021 – R8 – Brent Borcoskie

ID: RIB6644

Respondent(s):
Brent Borcoskie - Driver

Applicant:
Paul Williams

Adjudicators:
Olivia Jarvis

Persons Present:
Mr Willliams, Mr Borcoskie

Information Number:
A16729

Decision Type:
Adjudicative Decision

Charge:
Excessive use of whip, more than a wrist flicking motion

Rule(s):
869(2)

Plea:
Not Admitted

Animal Name:
Beeps

Code:
Harness

Race Date:
26/12/2021

Race Club:
Westport Trotting Club

Race Location:
Westport Racecourse - 15 Derby Street, Westport, 7825

Race Number:
R8

Hearing Date:
26/12/2021

Hearing Location:
Westport TC

Outcome: Proved

Penalty: Driver, Mr Borcoskie is suspended for 3 days.

EVIDENCE:

Following the running of Race 8, an Information was filed alleging that Mr Borcoskie, the Driver of “BEEPS”, used his whip with more than a wrist flicking motion.

Mr Borcoskie said that he understood the Rule, Charge and said that he denied the breach.

Stipendiary Steward, Mr P Williams used available video footage to demonstrate the run home. Mr Williams said that Mr Borcoskie had used more than a wrist flicking motion on seven occasions in the run home before then returning to a compliant style in the final 100m.

Mr Borcoskie said he did not agree that the video footage showed his arm using more than a wrist flicking motion and it was not any worse than the one outside him.

DECISION:

The Committee considered all of the evidence and submissions from both parties.

Having regard to the Rule and Whip Regulations, it was clear to the Committee that Mr Borcoskie used his whip in more than a wrist flicking motion.  Furthermore, the defence put forward that others in the race were worse is not a defence at all.

The video footage replays of Mr Borcoskie’s drive leaves no doubt in the Committee’s mind that the Rule was breached.  In the run home Mr Borcoskie, raised his whip hand high on a number of occasions and used downward force on his horse engaging his elbow and shoulder. That action constituted more than a wrist flicking motion.

SUBMISSION FOR PENALTY:

Mr Williams produced Mr Borcoskie’s record which indicated he had a relevant previous breach on 9 July 2021 where he was fined $200 for using more than a wrist flicking motion.

Mr Williams submitted that it be dealt with by way of a suspension of three days.

The Respondent did not make submissions in relation to penalty itself, however, a deferment was sought.

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 as mid-range. Given Mr Borcoskie previous breach of this Rule a suspension is the appropriate outcome.

Having considered all factors, the Adjudicative Committee deemed a three day suspension to be an appropriate penalty.

CONCLUSION:

Mr Borcoskie is suspended for three days.

Mr Borcoskie is granted a deferment and is suspended for a period of 3 days commencing after the close of racing on 1 January 2022. The days to be included are as follows:

7 January 2022 – Nelson

9 January 2022 – Nelson

11 January 2022 – Ashburton

 

Decision Date: 26/12/2021

Publish Date: 28/12/2021