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Westport TC 28 December 2022 – R7 – Ben Hope

ID: RIB14380

Respondent(s):
Ben Ben Hope - Junior Driver

Applicant:
Shane Renault, Stipendiary Steward

Adjudicators:
Mr Russell McKenzie

Persons Present:
Mr Renault, Mr Hope, Mr B Orange Open Driver assisting Mr Hope

Information Number:
A21103

Decision Type:
Race Related Charge

Charge:
Continuous Use of Whip

Rule(s):
869(2) - Contravention whip rule - Whip and Rein Regulations

Plea:
Admitted

Stewards Report

Results

Animal Name:
HOMEBUSH LAD

Code:
Harness

Race Date:
28/12/2022

Race Club:
Westport Trotting Club

Race Location:
Westport Racecourse - 15 Derby Street, Westport, 7825

Race Number:
R7

Hearing Date:
28/12/2022

Hearing Location:
Westport Raceway

Outcome: Proved

Penalty: Junior Driver, Ben Hope, suspended for 4 days

BACKGROUND:

Following the running of Race 7, Caltex Westport Cup (Handicap Pace), the Respondent, Junior Driver Ben Hope, as the Driver of HOMEBUSH LAD in the Race, admitted a charge of using his whip in a continuous manner in the run home.

The Respondent was assisted at the hearing by Open Driver, Blair Orange.

Rule 869 provides:

(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:

3.3      A driver shall not use a whip in an unapproved manner.

3.4      For the purposes of 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:

3.4.2  If the whip is applied excessively, continuously, or without allowing the horse time to respond.

 EVIDENCE:

Stipendiary Steward, Shane Renault, showed video replays of the final 350 metres of the race. He pointed out HOMEBUSH LAD, driven by the Respondent, the widest of the six runners as the field turned into the home straight. After activating gear, the Respondent commenced to use his whip, and did so in a continuous manner throughout the run home to the finishing line, for approximately 150 metres, Mr Renault said. A number of the strikes were through the tail, he said. It was not being alleged that any strikes were forceful, he added.

Mr Orange said that the breach was “pretty clear cut”. The whip use was continuous, but not forceful. There were several “tail flicks” and the whip use on the horse he described as “fly swot hits”.

DECISION:

The charge is admitted and therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Shane Renault, produced the Respondent’s record – 341 drives this season and 515 last season. He is a leading Junior Driver, and a very busy one, he said. He has two recent breaches involving continuous use on his record – at Rangiora on 18 December, fined $250, 12 drives ago and at Westport on 26 December, suspended 3 days.

The starting point for a third breach is a 3-5 day suspension, Mr Renault said. The Respondent received a suspension of 3 days for his most recent breach, Mr Renault said, and an appropriate term of suspension for the present breach would be 4 or 5 days.

The Respondent is currently under a term of suspension ending on 6 January 2023, Mr Renault said.

REASONS FOR PENALTY:

The Adjudicative Committee found that this breach was medium-level. The Adjudicative Committee notes that the starting point for penalty for a second breach involving continuous use is, a 3-5 day suspension. The breach was no worse than medium-level. Mr Renault’s submission was for a 4-day suspension and that is an appropriate penalty in all of the circumstances.

CONCLUSION:

The Respondent, Junior Driver Ben Hope, is suspended for 4 days, commencing on 7 January 2023 and ending after 17 January 2023.

 

 

 

Decision Date: 28/12/2022

Publish Date: 17/01/2023