NZ Metro TC 16 July 2023 – R1 – Darryn Simpson

Summary of Facts:

Following the running of Race 1, the Respondent Amateur Driver, Darryn Simpson admitted a breach of Whip Rule 869(2).  The particulars of the charge are that as the driver of MOTOR MOUTH, he used his whip free of the rein on one occasion and with more than a wrist flicking motion.

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.

Regulation 3.1 reads as follows;

3. USE OF THE WHIP

 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.

Stipendiary Steward Paul Williams used available video footage to demonstrate the breach. He pointed out Mr Simpson as the field turned for home, and in the final straight, showed Mr Simpson use the whip free of the rein on one occasion, with some force. He added that this strike was whip action in more than a wrist flicking motion. Mr Williams stated that Mr Simpson complied with whip use prior to the incident and after the strike, reverted back to an acceptable use of the whip.

In response, the Respondent advised the Adjudicative Committee that it was only 1 strike and a wee lapse of concentration. Mr Simpson he was only doing his best, but realised that he had made a mistake once he had done it.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Williams produced Mr Simpson’s record which indicated a 6 week suspension on 5 February 2023, and a 2 month suspension at Timaru on 4 April 2023. Mr Williams added that Mr Simpson had been spoken to advisedly by Chief Stipendiary Steward, Mr McIntyre, in regard to his whip action and use, on 18 June 2023.

Mr Williams said that Stewards assessed the breach to be mid-range and submitted that it be dealt with by way of suspension of no less than 4 months.

The Respondent submitted by saying that a 4 month suspension is ridiculous and he would not learn anything by being out for such a long time.

Deferment was not an option for Mr Simpson as there were no meetings relevant in the next 7 days.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee also assessed the breach as mid level due to the force of the strike.

This is Mr Simpson’s 3rd breach of the Whip Rule within the previous 6 months, with the Penalty Guide providing a 4 day starting point for a second mid range breach. As this was Mr Simpson’s 3rd breach, an uplift was warranted, which was set at 2 days.

The Adjudicative Committee therefore determined that a 6 day suspension was an appropriate penalty in this case.

Suspensions for Amateur Drivers are calculated by 1 race day per two weeks.

Therefore, a period of suspension of 12 weeks is imposed.

Conclusion:

The Respondent, Mr Simpson, is suspended for a period of 12 weeks commencing from the conclusion of racing today, 16 July 2023, up to and including 8 October 2023.