Ashburton TC 11 January 2022 – R3 – Ricky Alfeld

SUMMARY OF FACTS:

Following the running of Race 3, Poplar Flats Farm Pace, the Respondent, Ricky Alfeld, admitted a breach of Whip Rule 869(2). The particulars of the charge are that Mr Alfeld used his whip free of the rein on one occasion in the home straight and in more than a wrist only flicking motion.

Rule 869 provides that:

(2) No driver shall during any race use a whip in a manner in contravention of the Whip and Rein Regulations made by the Board.

Manager of Stewards, Nigel McIntyre, used available video footage to demonstrate the breach. He had Stipendiary Steward, Paul Williams, point out HIT THE BEACH, driven by Mr Alfeld, shift out from a position four places back on the markers approaching the home turn. Into the final straight, Mr Alfeld was seen to activate gear before using his whip once free of the rein and then continue to use the whip in more than a wrist only flicking motion.

In response, by way of explanation, Mr Alfeld said that he mistakenly believed that he was able to use his elbow when using the whip but accepted that he was wrong and freely admitted the breach. He is not a frequent Driver, he said.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre gave details of Mr Alfeld’s record. He has had 851 lifetime drives (48 wins). This season (from 1 January) he has had two drives and in the extended 2020/2021 season he had only two drives. He is not a regular Driver, Mr McIntyre said.

Stewards saw the breach as being low-level, Mr McIntyre said, and submitted that a “first offence penalty” of a $200 fine was appropriate.

REASONS FOR PENALTY:

After consideration of the evidence from both parties and viewing the video replays the Adjudicative Committee assessed the breach as being low-level. A low-level breach is defined 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.

A low-level penalty range is $200-$400 (first offence). Mr Alfeld has a clear record.

There are no relevant aggravating or mitigating factors to be considered.

Having considered all factors, the Adjudicative Committee deemed a fine to be an appropriate penalty.

CONCLUSION:

The Respondent, Ricky Alfeld, is fined $200.