Westport TC 26 December 2023 – R12 – Matt Purvis
ID: RIB31147
Animal Name:
DANCE WITH THE BOSS
Code:
Harness
Race Date:
26/12/2023
Race Club:
Westport Trotting Club
Race Location:
Westport Racecourse - 15 Derby Street, Westport, 7825
Race Number:
R12
Hearing Date:
26/12/2023
Hearing Location:
Patterson Park, Westport
Outcome: Proved
Penalty: Open Driver, Matt Purvis fined $300
BACKGROUND:
Following the running of Race 12, Quay Marine Ship Repairs Mobile Pace, Open Driver, Matt Purvis, admitted a breach of Rule 869(2) in that, as the Driver of DANCE WITH THE BOSS in the Race, he used his whip with more than a wrist flicking motion in the run home.
Rule 869 provides:
(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.
The Whip and Rein Regulations provide:
3.1 A driver may only apply the whip in a wrist only 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.
EVIDENCE:
Stipendiary Steward, Paul Williams, showed a video replay of the final 200-300 metres of the Race. He pointed out DANCE WITH THE BOSS, driven by the Respondent, racing last on the markers in the 7-horse field as the field turned into the final straight. The Respondent then pulled out widest on the track to make a run. The Respondent had used his whip in more than a wrist only flicking motion on one occasion prior to the home turn, Mr Williams alleged, and did so, in more than a wrist only flicking motion from that point, on a further 5-6 occasions, Mr Williams submitted, before reverting to a compliant style near the finishing line.
The Adjudicative Committee noted that DANCE WITH THE BOSS won the race by a narrow margin.
DECISION:
The charge having been admitted, it is deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Williams said that the Respondent has a clear record under the Whip Rules, but had been spoken to earlier on this day about his whip use at a previous meeting. He has had 21 drives in the current season and, in the 2022 season, did not drive. He has been driving more often in recent weeks, Mr Williams said.
Stewards saw the breach as being low-level, Mr Williams said. He referred to the Penalty Guide which provides for a fine of $300 or a 2-day suspension for such a breach. Mr Williams was non-committal as to whether the Respondent winning the race should be regarded as an aggravating factor.
The Respondent said that he did not engage the elbow but rather “flexed the wrist”. Only one of the strikes was bad, he submitted.
The Respondent indicated that his preference was for a fine rather than a suspension.
REASONS FOR PENALTY:
The Adjudicative Committee assessed the level of the breach as being low-level. A “low-level breach” is defined as “when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”.
The RIB Harness Racing Penalty Guide provides for a starting point for penalty for a low-level breach of a $300 fine or a 2-day suspension. The Respondent has expressed a preference for a fine and the breach can be adequately dealt with by a fine.
There are no relevant aggravating or mitigating factors. The Adjudicative Committee elected, by a fine margin, not to impose an uplift from the Penalty Guide starting point for the possible aggravating factor of winning the race.
CONCLUSION:
The Respondent, Open Driver, Matt Purvis, is fined $300.
Decision Date: 26/12/2023
Publish Date: 29/12/2023