Timaru HRC 4 April 2023 – R1 – Darryn Simpson
ID: RIB18177
Animal Name:
TAXMAN
Code:
Harness
Race Date:
04/04/2023
Race Club:
Timaru Harness Racing Club
Race Location:
Phar Lap Raceway - State Highway 1, Washdyke, Timaru,
Race Number:
R1
Hearing Date:
04/04/2023
Hearing Location:
Phar Lap Raceway
Outcome: Proved
Penalty: Amateur Driver Darryn Simpson is suspended for 2 months.
EVIDENCE:
Following the running of Race 1, Stipendiary Steward Mr Matt Sole presented an Information alleging a breach of Rule 869(2) by Amateur Driver Mr Darryn Simpson. Details of the alleged breach were “D Simpson (TAXMAN) used his whip with more than a wrist flicking motion in the run home”
Mr Simpson said he understood the Rule and the Charge and he confirmed he admitted the breach.
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.
3.2 For the purposes of clause 3.1, “wrist only flicking motion” means:
3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.
3.2.2 The forearm is not raised beyond forty-five degrees relative to the racing surface.
3.2.3 Not applying the whip with overt force.
Mr Sole played the video replay of the final 300m of the race to show Mr Simpson, racing on the rail, strike his horse 4 times outside of the Whip Regulation Guidelines before returning to an acceptable technique.
Mr Simpson said he agreed he had breached the Regulations, but said the Driver to his outside was using a similar action.
DECISION:
The Respondent, having admitted the breach, the charge was deemed to be proved.
SUBMISSIONS FOR PENALTY:
Mr Sole stated Mr Simpson had 3 drives in 2022 and had driven 2 times in 2023. He said Mr Simpson was suspended under this Rule for a month on 27 November 2022 and 2 drives later on 5 February 2023 was suspended for 6 weeks.
Mr Sole said today’s breach was Mr Simpson’s first drive since his last suspension, and the Stewards would be asking for an uplift from his previous penalty, to a 2 month suspension.
At this juncture, Mr Simpson asked Mr Renault to have his race driving Licence cancelled and to only have a Licence to drive at trials. Mr Renault confirmed he would start this process.
REASONS FOR PENALTY:
The Penalty Guidelines do not provide a starting point for a 3rd or subsequent breach of this Rule, but the Adjudicative Committee find a natural upward progression for Mr Simpson’s penalty to be fair and reasonable, and given he has chosen to forfeit his Licence, appropriate in this case.
CONCLUSION:
Mr Simpson’s Amateur Drivers Licence to drive in races is suspended for a period of 2 months from the conclusion of racing today, up to and including racing on 4 June 2023.
Decision Date: 04/04/2023
Publish Date: 05/04/2023