NZ Metro TC 16 April 2022 – R11 – Tony Herlihy

BACKGROUND:

Following the running of Race 11, First Direct Taxis “Ratto” Showcase Mobile Pace, the Respondent Driver Tony Herlihy admitted a breach of Rule 869(2). The particulars of the charge are that, as the Driver of RUBY’S A DELIGHT in the race, he used his whip in more than a wrist only flicking motion and in a continuous manner in the run home.

Rule 869 provides that:

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

The 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.

3.4.2  A driver shall be deemed to have used the whip  in an unapproved manner if the whip is applied excessively, continuously, or without allowing the horse time to respond.

Mr Herlihy had viewed the video replay prior to admitting the charge. Prior to the commencement of the hearing, Mr Herlihy asked the Adjudicative Committee if his attendance could be waived. He confirmed that he admitted the breach.

EVIDENCE:

Chief Stipendiary Steward, Nigel McIntyre, used the available video replay to demonstrate the breach. He pointed out RUBY’S A DELIGHT, driven by Mr Herlihy, racing three places back on the markers as the field approached the final turn. From that point, Mr Herlihy took the passing lane to the inside of SNEAK A PEEK (Matthew Williamson) which had been trailing the leader. Mr McIntyre then showed that Mr Herlihy used his whip on one occasion in a striking motion before activating the removable deafeners and then using his whip on a further four occasions in more than a wrist only flicking motion. From that point, Mr McIntyre said, Mr Herlihy used his whip continuously, although not vigorously, to the finishing line without giving the horse any respite.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr McIntyre said that Stewards saw the breach as being at the low-end. Mr Herlihy is one of the country’s Senior Drivers. He has had 65 drives to date in the current season (from 1 January 2022) and, in the 2020/2021 season, 323 drives. He has a clear record under the Whip Rules.

Stewards were seeking a fine of $300 for this breach, Mr McIntyre said.

REASONS FOR PENALTY:

The HRNZ Whip Penalty Guide effective 1 October 2022 suggests a penalty range for a first offence, low-level breach of a $200-$400 fine.

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 steps to return to a compliant style”.

In addition to using the whip in more than a wrist only flicking motion, on this occasion, Mr Herlihy has continued using his whip, albeit in a compliant style, for the remainder of the race. The Regulations make it an offence for a Driver to use a whip continuously. In effect, Mr Herlihy has breached both provisions. It is on that basis that Mr McIntyre has submitted for a fine of $300 for a low-level first offence and the Adjudicative Committee agrees that the penalty should be greater than the $200 low-end of the penalty range in the Penalty Guide.

CONCLUSION:

The Respondent, Driver Tony Herlihy, is fined $300.