Timaru HRC 29 May 2022 – R2 (heard 2 June 2022 at Addington) – Robbie Holmes

BACKGROUND:

Following the running of Race 2, The Two Noels Trot, an Information was filed by Stipendiary Steward, Paul Williams, against Licensed Open Driver, Robbie Holmes, alleging that Mr Holmes, as the Driver of SINNER COOL in the race, used his whip in a continuous and excessive manner in the run home.

The Information was served on the Respondent at the race meeting and was adjourned sine die. The Respondent had signed the Statement by the Respondent on the Information form indicating that he admitted the breach.

The charge was heard at the meeting of  NZ Metropolitan TC at Addington Raceway on 2 June 2022. Mr Holmes was present at the hearing and he confirmed that he admitted the breach.

Rule 869(3)(g) 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, Paul Williams, used available video replays to demonstrate the breach. He pointed out SINNER COOL, driven by the Respondent, racing in 3rd position and one-off the markers as the field turned into the final straight. He demonstrated that, from that point, the Respondent commenced using his whip and used it in a continuous manner for the majority of the home straight. Stewards had counted 28-30 strikes, he said. The strikes were “not bad”, Mr Williams submitted, but the concern was that the use was continuous. When asked by the Adjudicative Committee, Mr Williams said that he was happy to call the whip use “flicks”. Mr Holmes had reverted to a compliant manner near to the finish, he said.

The Respondent did not wish to comment.

DECISION:

The Respondent has admitted the breach which is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said the the Respondent has a clear record under the Whip Rules. Prior to last weekend, he has had 86 drives and, last season, he had a total of 460 drives.

Mr Williams said that, because of the number of strikes, Stewards were seeking a penalty greater that the usual starting point for a first offence ($200). He submitted that an appropriate fine in this case would be $300.

Mr Holmes did not wish to make any submission.

REASONS FOR PENALTY:

The HRNZ Whip Penalty Guide (effective 1 October 2020) suggests a penalty in the range of $200-400 for a first offence which is low-level. The Adjudicative Committee is happy to regard the breach as being low-level. Although the number of strikes was high, they were by no means forceful and were applied with a wrist only flicking motion. However, continuous use such as this is unacceptable.

The appropriate penalty sits somewhere in the middle of the range of $200-400 suggested by the Penalty Guide.

CONCLUSION:

Driver, Robbie Holmes, is fined the sum of $300.