Auckland TC 15 June 2023 – R5 – Alicia Harrison

Evidence:

This charge arises from the running of Race 5. Senior Stipendiary Steward Mr Mulcay filed an Information alleging Junior Driver, Ms Alicia Harrison (AKATEA), “used her whip with more than a 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 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.

3.2 For the purposes of Clause 3.1, “wrist only flicking motion” means:

3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

3.2.2. The forearm is not raised beyond forty-five degrees relative to the racing surface.

3.3.3 Not applying the whip with overt force.

Ms Harrison admitted the breach and she endorsed the Information accordingly. She was assisted at the hearing by Senior Driver Mr T Mitchell.

Mr Mulcay used available video footage to demonstrate the breach. He identified AKATEA (A Harrison) racing on the back of the leader, PARTY ANIMAL, rounding the home turn. AKATEA remained on the inside in the run up the home straight. AKATEA finished a close second, with the race winner PARTY ANIMAL on its outer. Mr Mulcay pointed out that Ms Harrison used her whip in more than a wrist flicking motion by use of force, which was generated by engaging her shoulder when applying whip.

Mr Mulcay said that the breach was in the low range.

In response, Ms Harrison said that she was sitting too far back in her sulky. She said she knew her whip action was not correct and tried belatedly to correct it. Mr Mitchell had nothing further to add.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Mulcay said that Ms Harrison had one previous charge relating to a breach of the Whip Rule within the reset period. This occurred on 3 February 2023 at Hawera and resulted in a $300 fine. Mr Mulcay said that in the interim, she has had 45 race drives.

Mr Mulcay referred to the Penalty Guide, which provides for a 3-day suspension for a low-level second breach.

Ms Harrison said that she has been having trouble with her hand lately and that this may have been a factor.  She asked the Adjudicative Committee to consider a large fine as opposed to a suspension.

Reasons For Penalty:

After reviewing the films and considering the whip use, the Adjudicative Committee determined Ms Harrison’s whip use to be at the upper end of a low-level breach.  It was noted some of the strikes were applied by engaging the use of her shoulder and some of the strikes were also continuous.

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) but promptly takes corrective action to return to a compliant style.

For a low-level breach (second offence), the Penalty Guide (effective 1 February 2023), provides for a 3-day suspension as the starting point. A fine is not prescribed within the Penalty Guide for a second breach, nor is a fine appropriate in the circumstances of this case. Accordingly, there are no compelling reasons for the Adjudicative Committee to deviate from the starting point set out in the Penalty Guide.

Ms Harrison advised that she does not seek a deferment to any proposed suspension.

Conclusion:

Ms Harrison’s License to drive in races is suspended for 3 days, commencing 16 June 2023 and concluding after racing on 6 July 2023 (3 northern meetings).