NZ Metro TC 27 November 2022 – R1 – Darryn Simpson

BACKGROUND:

Following the running of Race 1, IRT. Your Horse. Our Passion (Amateur Drivers) Mobile Pace, the Respondent Amateur Driver, Darryn Simpson, admitted a breach of Rule 869(2) in that, as the Driver of TAXMAN in the Race, he used his whip free of the rein on one occasion and with more than a wrist flicking motion in the home straight.

Rule 869(2) provides:

(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.

EVIDENCE:

Stipendiary Steward, Shane Renault, pointed out on a video replay TAXMAN, driven by the Respondent, in the lead as the field turned into the final straight. He showed the Respondent activate gear with his right hand and use his whip free of the rein on one occasion. He continued to use his whip in a non-compliant manner, in more than a wrist flicking motion, until the final 50 metres when he reverted to a compliant  style, Mr Renault said.

The Adjudicative Committee noted that TAXMAN finished in 2nd placing in the race, beaten by a 1/2 head. There was 1 3/4lengths back to the 3rd-placed horse.

The Respondent said the replay was self-explanatory.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that the Respondent has had two drives as an Amateur Driver. He received a previous warning for using his whip free of the rein. Stewards saw this breach as being mid-range, for which the penalty starting point is a fine of $500 or a 2-days suspension. The Respondent had informed Stewards that he would prefer a suspension to a fine. Any suspension should be based on the usual formula for Amateur Drivers of two drives per month, Mr Renault submitted.

REASONS FOR PENALTY:

Mr Renault has submitted that the breach is medium-level. A “medium-level breach” is defined as “when a Driver inadvertently reverts to the old style (freehand, loose reining and/or more than a flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving”. The Adjudicative Committee agrees that the breach is medium-level.

For a medium level breach, the HRNZ Whip Penalty Guide suggests a starting point for penalty of a $500 fine or a 2-days suspension. The Respondent is an Amateur Driver and has expressed preference for a suspension. It is generally accepted that, in the case of an Amateur Driver, a suspension is calculated on the basis of two drives per month, as Mr Renault submitted.

CONCLUSION:

The Respondent Amateur Driver, Darryn Simpson, is suspended for one month from 28 November 2022 to 27 December 2022, both dates inclusive. This is intended to be a 2-days suspension.