Westport TC 28 December 2021 – R1 – Peter Davis

Summary of Facts:

Following the running of Race 1, the Respondent, Mr Davis, admitted a breach of Whip Rule 869(2).  The particulars of the charge are that Mr Davis used his whip with more than a wrist flicking motion in the home straight.

Rule 869 provides that:

(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.

Stipendiary Steward, Mr Williams used available video footage to demonstrate the breach. Mr Williams, through use of the video footage, showed Mr Davis use his whip with more than a wrist flicking motion in excess of 50 metres.

In response, the Respondent advised, by way of context, that this particular horse is lazy and takes a bit to motivate. He accepted that the first strikes were more than a wrist flicking motion. In relation to the latter strikes he said they were not intentional but he accepted he should have turned his whip around. Mr Davis said that the latter strikes were a by-product of the way he was driving this horse.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Williams produced the Mr Davis’ record which indicated he had a clear record under this Rule.

Mr Williams said that Stewards assessed the breach to be a mid-range breach. In the first instance Mr Williams submitted that the appropriate penalty was a suspension. However, upon hearing from Mr Davis, who outlined the impact of a suspension at this time, Mr Williams accepted that given the circumstances a fine could be appropriate in this case.

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.

A medium-level breach  is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.

A medium-level breach, the start point is either be a fine ($500) or period of suspension (2 meetings).

Having considered all factors, the Adjudicative Committee deemed a fine of $500 to be an appropriate penalty.

Conclusion:

The Respondent is fined $500.