Geraldine TC 24 April 2022 – R2 – Don Burrows

BACKGROUND:

Following the running of Race 2, BC Stockfeeds Limited Pace, the Respondent Graduation Driver, Don Burrows, admitted a breach of Whip Rule 869(2). The particulars of the charge are that the Respondent, as the Driver of LAY ON MACDUFF in the race, used his whip free of the rein on numerous occasions in the run home.

Rule 869 provides that:

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

Stipendiary Steward, Vinnie Munro, used available video footage to demonstrate the breach. He pointed out LAY ON MACDUFF, driven by the Respondent, racing towards the rear of the field and held up as the field turned into the final straight. Mr Burrows then activated gear and switched to the inside. From that point he used his whip free of the rein on nine occasions, in the last 150 metres, Mr Munro said.

The Respondent said that he was aware of the Regulations relating to use of the whip but had a “brain snap” on this occasion.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Vinnie Munro, said that Stewards assessed the breach as being high-level for which the HRNZ Whip Penalty Guide prescribes a starting point for penalty of a 3-days suspension.

The Respondent has had 353 lifetimes drives, 5 this season and last season 1 drive. The Respondent had explained to Stewards that he was driving today because the regular Stable Drivers were unavailable. Fixing penalty is difficult because of the few drives that the Respondent has, Mr Munro said. He referred to two recent cases, with similar facts – one Driver received a 5-weeks suspension and the other a 6-weeks suspension. He submitted that a reasonable period of suspension should be imposed – one that acts as a deterrent.

REASONS FOR PENALTY:

The Adjudicative Committee, balancing all factors including that Mr Burrows has two drives at today’s meeting, has decided that a period of suspension of 4 weeks is appropriate. Arriving at an appropriate penalty is difficult in the case of a Driver who drives as infrequently as the Respondent.

The breach is a high-level one – when a Driver shows a total disregard for the requirements of the Regulation and makes no effort to return to a compliant style of driving. A penalty of weeks rather than days is appropriate.

CONCLUSION:

The Respondent, Graduation Driver Don Burrows, is suspended for  a period of 4 weeks from after the conclusion of racing today, up to and including 22 May 2022.