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NZ Metropolitan TC 20 June 2021 - R 6 - Chair, Ms O Jarvis

Created on 24 June 2021

Committee:
OJarvis (chair)
RMcKenzie
LYong
Name(s):
Mr RE Cameron - Licensed Open Driver
Informant
Mr P Williams - Stipendiary Steward
Information Number
A13673
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 6, the #Completethefleet-Support the Horse Ambulance Trust Pace, an Information was filed by Stipendiary Steward, Mr P Williams against Licensed Open Driver, Mr RE Cameron, alleging a breach of Rule 869(2) in that he used his whip with more than a wrist flicking motion when driving PIECE OF GOLD in the run home.

Mr Cameron had signed the information that the breach was admitted which he confirmed at the hearing. Mr Cameron also acknowledged that he understood the charge and Rule it was brought under.

Rule 869(2) reads as follows:
869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Relevant Part of the Whip & Rein Regulations as follows:
WHIP AND REIN REGULATIONS
PART 3 USE OF THE WHIP
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.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.

Mr Williams utilised the video replays of the run home. He pointed out Mr Cameron driving PIECE OF GOLD, at the top of the straight using more than a wrist flicking motion and continued to do so down the home straight. Mr Williams submitted that Mr Cameron then returned to a compliant straight in the last 125 metres. Mr Williams submitted that there were approximately 10 non-compliant strikes.

Mr Cameron was very frank about his use of the whip and accepted that the video replays clearly showed he had used more than a wrist flicking motion.

Decision:

As the breach was admitted it was found proved by the Commmittee.

Submission For Penalty:

Mr Williams stated that Mr Cameron’s driving statistics showed 36 drives this season with 42 drives recorded for last season. Mr Williams outlined that Mr Cameron was an infrequent Driver.

Mr Williams submitted that this breach fell within the mid-range and when considering the JCA penalty Guide submitted a $500 fine was appropriate.

Mr Cameron submissions as to penalty initially focussed around the discretion of the Committee to impose either a fine or a suspension period, before submitting that he was seeking a fine.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a $500 fine, mitigation inclusive, on the Whip and Rein Regulations for a mid-range first offence of this Rule. The Committee deemed that this breach was mid-level and considered there were no aggravating factors to consider. It was therefore determined that a fine of $500, as per the Penalty Guide, was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Cameron is fined the sum of $500.

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