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NZ Metropolitan TC 28 May 2021 - R 7 - Chair, Ms OK Jarvis

Created on 01 June 2021

Rules:
869(2)
Committee:
OJarvis (chair)
SChing
Name(s):
Mr R Anderson - Licensed Open Driver
Informant
Mr S Renault - Stipendiary Steward
Information Number
A12674
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 7, the Kohler Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Driver, Mr R Anderson alleging a breach of Rule 869(2) in that he used his whip with more than a wrist flicking motion driving SLIP THE HUNDY and in a continuous manner.

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.
3.3 A driver shall not use a whip in an unapproved manner.
3.4 For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
3.4.2 If the whip is applied excessively, continuously, or without allowing the horse time to respond.
3.4.3 If the whip is applied when the horse:
3.4.3.1 is not visibly responding.
3.4.3.2 is not in contention.
3.4.3.3 cannot maintain or improve its position.
3.4.3.4 is clearly winning.
3.4.3.5 has passed the winning post at the finish of a race.
3.4.4 If the whip is used when the reins are lengthened so as to result in loose reining.
3.4.5 If the whip is used in a prodding or jabbing fashion.
3.5 A driver must not use the whip in a manner which causes injury to a horse.
3.6 A whip shall not be used in a manner that may obstruct, strike or endanger another driver or horse.
3.7 A driver must ensure a whip does not project outside his or her sulky.

Mr Anderson acknowledged that he understood the provisions of the charge and the Rule it was brought under. Mr Anderson confirmed at the hearing that the breach was admitted.

Mr Renault showed the video replays of the run home. He pointed out Mr Anderson, driving SLIP THE HUNDY, positioned second last and beginning to urge his horse along initially using a compliant wrist flicking motion. Mr Renault demonstrated on the video replays; Mr Anderson use his whip in more than a wrist flicking motion continuously in the run home approximately twenty times.

Mr Anderson stated that he did not believe he was actually hitting the horse but rather he was shaking the reins and holding the whip up.

Mr Anderson further outlined that his horse was a laidback type which required chasing up.

Decision:

As the breach was admitted the Committee found the charge proved.

Submission For Penalty:

Mr Renault stated that Mr Anderson has had 37 drives so far this season with 17 drives recorded for last season. Mr Renault outlined that Mr Anderson had a clear record in relation to this Rule. Mr Renault stated that this breach was within the high-range given that Mr Anderson had continuously driven the horse without a wrist flicking motion and made no effort to return to the compliant style of driving. Mr Renault referred to the JCA Penalty Guide which provides for a starting point of a 3 day suspension for a high-level breach of this Rule. Mr Renault raised concern with a 3 day suspension due to the infrequency in which Mr Anderson drives and submitted that such a penalty would not be meaningful. Accordingly, Mr Renault submitted that an uplift would be appropriate and considered that an uplift of three days would be available.

Mr Anderson outlined the number of horses he was currently training and the number which were currently racing or close to racing. Mr Anderson accepted that he would currently average one drive per meeting.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 3 day suspension, mitigation inclusive, on the Whip and Rein Regulations for a high-range first offence of this Rule. The Committee deemed that this breach was high-level. The Committee took all relevant factors into account, including the infrequency in which Mr Anderson drives and considered an appropriate and meaningful penalty in this instance was a 5 day suspension.

Penalty:

Mr Anderson did not seek a deferment.

Accordingly, Mr Anderson’s Open Driver Licence is suspended from the close of racing on the 28 May 2021 up to and including racing on the 20 June 2021.
Meeting encompassed in this suspension are:
NZ Metropolitan Trotting Club Inc – 3 June 2021
NZ Metropolitan Trotting Club Inc – 11 June 2021
NZ Metropolitan Trotting Club Inc – 13 June 2021
NZ Metropolitan Trotting Club Inc – 17 June 2021
NZ Metropolitan Trotting Club Inc – 20 June 2021

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