NZ Metro TC 6 August 2023 – R1 – Ricky Alfeld

BACKGROUND:

Following the running of Race 1, KB Electrics 4 All Your Sportsground Floodlighting Mobile Pace, Open Driver, Ricky Alfeld, admitted a breach of Rule 869(2) and the Whip and Rein Regulations in that, as the Driver of HIT THE BEACH in the race, he used his whip in more than a wrist flicking motion in the run home.

Rule 869 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, Paul Williams, showed a video replay of the final 200 metres of the race. He pointed out, HIT THE BEACH, driven by the Respondent, racing 3-places back on the markers as the field turned into the final straight.

He then showed that, following use of the whip in a compliant manner, the Respondent used his whip in more than a wrist only flicking motion on a clear three occasions, prior to reverting to a compliant use of the whip for the remainder of the race. The breach was low-level, Mr Williams said.

The Respondent did not wish to comment.

DECISION:
The breach is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams outlined the Respondent’s record – this was his third drive this season and, last season, he had a total of 14 drives.

The Respondent has a previous breach of the Whip Rules – on 24 March last at Addington for using his whip continuously (suspended 3 days), two drives ago – and, in his next drive on 23 July last, he received a warning for using his whip in more than a wrist flicking motion, Mr Williams said. He submitted that a 4-days suspension was an appropriate penalty.

The Respondent requested that any suspension commence after today’s racing.

REASONS FOR PENALTY:

The breach is low-level in terms of the definition in the former HRNZ Whip Penalty Guide – “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”. The RIB Harness Racing Penalty Guide (February 2023) suggests a starting point for penalty for a low-level 2nd breach of a 3-days suspension.

The Adjudicative Committee notes that, in his last three drives including this drive, the Respondent has breached the Whip Rules on each occasion. Such a record warrants, in the Adjudicative Committee’s view, an uplift from the 3-days starting point. That uplift will be 1 day.

CONCLUSION:

The Respondent, Open Driver, Ricky Alfeld, is suspended from after the close of racing on 6 August 2023, up to and including, 20 August 2023 – 4 days.