NZ Metro TC 25 June 2023 – R6 – Andrew Faulks

Summary of Facts:

Following the running of Race 6, the Respondent, Open Driver Andrew Faulks, admitted a breach of Rule 869(2) and the Whip & Rein Regulations, in that he used his whip with more than a wrist flicking motion when driving WINNYZBACK in the run home.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

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.

3. Use of Whip Regulation provides.

 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 Mr Renault used available video footage to demonstrate the alleged breach. He showed, using available video replays, Mr Faulks use his whip in more than a flicking motion on 6 occasions over the final stages.

Mr Faulks made no submissions in regard to the breach.

Decision:

As Mr Faulks admitted the breach, the charge is found proved.

Submission For Penalty:

Mr Renault produced the Respondent’s record, which indicated a warning on 23 June 2023 at Addington. Mr Renault stated that this was a mid range breach, with the Penalty Guide providing a 2 day suspension or a $500 fine for 1st offence mid range.

Mr Renault submitted that a 2 day suspension be considered as penalty, if Mr Faulks elected to submit for that penalty.

Mr Faulks requested a suspension as penalty and requested any suspension begin as soon as possible.

Reasons For Penalty:

The Penalty Guide provides a 2 day suspension or $500 fine starting point for a mid range first offence under this Rule.

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee agreed with the Stewards and assessed the breach as mid level.

Having considered all factors, the Adjudicative Committee determined that a 2-day suspension was an appropriate penalty.

Conclusion:

Mr Faulks is suspended from the conclusion of racing today, 25 June 2023, up to and including 2 July 2023. Meetings encompassed in this period of suspension are Addington – 30 June 2023 and Addington – 2 July 2023.