NZ Metro TC 26 August 2022 – R2 – Ricky Alfeld

BACKGROUND:

Following the running of Race 2, The Box Seat Returns 21 September Mobile Pace, the Respondent Driver, Ricky Alfeld, admitted a breach of Whip Rule 869(2). The particulars of the charge are that the Respondent, as the Driver of HIT THE BEACH in the race, used his whip free of the rein on one occasion leaving the final bend and 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 Use of the Whip Regulations made by the Board. 

The Whip and Rein Regulations provide:

3.1   A driver may only apply a whip in a wrist only flicking motion whilst holding rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder. 

EVIDENCE:

Stipendiary Steward, Paul Williams, used the available video replay to demonstrate the breach. He pointed out HIT THE BEACH, driven by the Respondent, racing in the one-one position as the field turned into the final straight. After turning for home, the Respondent took a run to the inside and used his whip once free of the rein. Mr Williams said that the Respondent then used his whip in more than a wrist only flicking motion three times before activating gear and then using his whip three more times, again in more than a wrist only flicking motion. Stewards had no issues with the Respondent’s whip use over the final stages of the race, Mr Williams said.

The Respondent agreed with Mr Williams’ summary, including the number of alleged strikes.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent is an “infrequent driver” – 13 drives this season (since 1 January 2022) and only 2 drives in the previous extended season. He had been issued with a warning on 9 March last for using his whip in more than a wrist only flicking motion. Since that warning, he has had 7 drives. Mr Williams said that the Respondent had informed him that HIT THE BEACH is the only horse he drives.

Mr Williams submitted that a period of suspension was appropriate and, for a penalty to be meaningful, that should be 4 weeks in the Stewards’ submission.

The Respondent said that this horse will be racing every week, and this is the only horse he drives.

REASONS FOR PENALTY:

The Adjudicative Committee assessed the breach as being medium-level. A medium-level breach is defined in the HRNZ Whip Penalty Guide as “when a driver inadvertently reverts to the old style (freehand, loose-reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”. That Guide prescribes a starting point for penalty for a medium-level breach of a fine ($500) or a short period of suspension (2 days).

The Adjudicative Committee faced the usual difficulty of fixing a period of suspension, and a suspension is called for, in the case of a Driver who has had 13 drives in 8 months. Needless to say, any penalty needs to be meaningful. The Respondent has told the Adjudicative Committee that he would have anticipated having 4 drives on this horse in the next 4 weeks. On that basis, a 4-weeks suspension (4 drives) seems an appropriate penalty. The Respondent had no submission to make in response to Mr Williams’ submission for a  4-weeks suspension.

CONCLUSION:

The Respondent, Driver Ricky Alfeld, is suspended for 4 weeks commencing on 27 August 2022 up to and including 23 September 2022.