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23 Apr 2021
Winton-Hrc - R 11

Winton HRC 23 April 2021 - R 11 - Chair, Mr N Skelt

Created on 25 April 2021

Committee:
NSkelt (chair)
Name(s):
Mr K Newman - Junior Driver
Mr M WIlliamson - Senior Driver assisting Mr Newman
Mr S Renault - Stipendiary Steward
Mr V Munro - Stipendiary Steward
Informant
Miss R Haley - Stipendiary Steward
Information Number
A13958
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 11, the Southern Model Aero Club Mobile 2400m, Information A13958 was lodged by Stipendiary Steward, Miss R Haley alleging that Junior Driver, Mr K Newman (WITH GRACE) used his whip in an unapproved manner by using more than a flicking motion in the home straight.

Mr Newman admitted the breach, was present at the hearing and confirmed he understood the Rule.

Mr Newman was supported by Senior Driver, Mr M Williamson at the hearing.

The Rule reads 869(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.

The Whip and Rein Regulations 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.
4.5. A driver must drive throughout the race with a hand on each rein.
4.7. A driver may not cross the reins except
4.7.3 When activating gear
4.7.4 For safety reasons

Miss Haley asked Stipendiary Steward, Mr S Renault to proceed. Mr Renault used the video clips to highlight the alleged incident which he highlighted occurring from the top of the straight to the winning post.

Mr Renault stated that Mr Newman had flicked his whip continuously and, in his opinion, the alleged breach was at the high end.

Mr Newman agreed with Mr Renault’s summation of the incident.

Mr M Williamson in support of Mr Newman said that Mr Newman had had an unfortunate 20–30 seconds in the home straight and had simply made an error of judgement with his whip action.

Decision:

Mr Newman admitted the charge and it was found proved.

Submission For Penalty:

Miss Haley said Mr Newman has had 350 lifetime drives , 30 last season and 177 this season.
He had no previous breaches of The Whip and Rein Regulations and had an excellent driving record.

Miss Haley confirmed that Mr Newman had between 2-4 drives on most racedays and drove throughout the South Island.

The JCA Penalty Guide recommends a penalty of 3–5 day suspension for a breach under this Rule.

Miss Haley stated the aggravating factor in the incident was the continual use of the whip and reins from the top of the straight to the winning post and the breach was at the higher end.

The mitigating factors being Mr Newman’s admittance of the breach and his excellent driving record .

Mr K Newman in his submission on penalty requested a deferment of any suspension as he was engaged to drive several of his employer’s horses (R & J Dunn) at the New Zealand Metropolitan Trotting Club on Friday 30th April 2021.

Reasons For Penalty:

After considering submissions the Committee took into account Mr Newman’s driving record, and his admittance of the breach. The aggravating factor being the video evidence in this incident was compelling, as Mr Newman has been continuous in his action from the top of the straight to the winning post.

Penalty:

Mr Newman’s request for a deferment of penalty was approved.

Mr K Newman is suspended from the conclusion of racing on the 30 April 2021 up to including the 2 May 2021 (2 days), these being Ashburton 1 May and Invercargill Diamonds Day 2 May 2021.

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