Winton HRC 3 September 2026 – R7 – Kirstin Green

BACKGROUND

Following the running of Race 7, Open Driver Kirstin Green admitted a breach of Whip Rule 869(2). The particulars of the charge were that, when driving EMILY, 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:

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 understanding of the relevant Rule and Regulations, and her admission of the breach.

EVIDENCE

Stewards used the available race videos to demonstrate the alleged breach. Ms Green was shown improving to fourth place with EMILY entering the final straight. Between approximately the 150 metre mark and 100 metre mark, Ms Green was shown using her whip four times, comprising two strikes followed by a pause, then another two strikes. Stewards believed these four uses of the whip were in breach of the Rule, Mr Quirk said.

While acknowledging that the latter two strikes were excessive, Ms Green said she believed the first two strikes highlighted by Stewards were acceptable.

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 191 drives this season. Her record under the Whip Rule was clear.

Mr Quirk submitted that this was a low level breach, in that Ms Green had promptly returned to a compliant style. In those circumstances, the Racing Integrity Board’s Harness Racing Penalty Guide provided a starting point of a $300 fine or 2-day suspension.

Ms Green expressed a preference for a fine rather than a suspension.

REASONS FOR PENALTY

The Adjudicative Committee finds that the first two of the four strikes highlighted by Stewards are acceptable, but the next two strikes are not. The breach is low level. Ms Green uses her whip in breach of the Whip Rule and the Whip and Rein Regulations for a short distance in the home straight, before promptly returning to a compliant style.

The Penalty Guide provides a starting point of a fine of $300 or 2-day suspension for a first such breach. Noting the Respondent’s preference, the Adjudicative Committee adopts a starting point of a $300 fine.

There are no aggravating or mitigating factors that warrant a shift from the starting point.

CONCLUSION

Driver Kirstin Green is fined $300.