Winton HRC 17 April 2025 – R1 – Kirstin Green

BACKGROUND

Following the running of Race 1, Open Driver Kirstin Green admitted a breach of Whip Rule 869(2). The particulars of the charge were that, when driving MIKI COHEN, she used her whip with more than a wrist flicking motion in the run home.

Rule 869 provides that:

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

The Whip and Rein Regulations, in part, provide as follows:

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.

3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:

3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

At the start of the hearing, Ms Green confirmed her admission of the breach.

EVIDENCE

Ms Haley used the available race videos to identify Ms Green strongly urging MIKI COHEN with the reins as they entered the final straight in third place. At about the 200 metre mark, Ms Green could be seen to whip her horse three times in quick succession with more than a wrist flicking motion.

Mr Munro said Ms Green had promptly returned to compliant use of the whip for the remainder of the run home.

Ms Green said she was attempting to get the best out of a horse that was inclined to be lazy, and had simply slipped back into an old technique of slapping her horse with the rein and the whip at the same time. She said she had been working hard at using the whip in an acceptable style.

DECISION

As Ms Green has admitted the breach, it is found to be proved.

PENALTY SUBMISSIONS

Stewards produced the Respondent’s record, which showed that Ms Green had had 103 drives this season and 238 the last. Her lifetime drives stood at 4,364.

Ms Green had been warned about her whip use on 21 February 2025, which meant this breach had occurred just a few days before the 2 month reset was due to take effect. Mr Munro submitted that this was therefore a low level first breach. In these circumstances, he said the RIB Penalty Guide provided a starting point of a $300 fine or a 2-day suspension.

Ms Green said she would prefer a fine over a suspension.

REASONS FOR PENALTY

The breach is low level. Ms Green has used her whip in breach of the Whip Rule and the Whip and Rein Regulations for a short distance near the 200 metre mark, and has returned to a compliant style thereafter.

There are no aggravating factors. The Adjudicative Committee is of the view that the clear evidence of the three whip strikes delivered with more than a wrist flicking motion made Ms Green’s admission of the breach an inevitability. There is no reason to depart from the Penalty Guide.

CONCLUSION

Driver Kirstin Green is fined $300.