Banks Peninsula TC 29 December 2021 – R2 – Murray Edmonds

ID: RIB6666

Respondent(s):
Murray Edmonds - Driver

Applicant:
Vinnie Munro, Stipendiary Steward

Adjudicators:
Russell McKenzie

Persons Present:
Mr Munro, Mr Edmonds

Information Number:
A13334

Decision Type:
Adjudicative Decision

Charge:
Using whip free of the rein

Rule(s):
869(2) and Whip and Rein Regulations

Plea:
Admitted

Code:
Harness

Animal Name:
Sheza Manipulator

Race Date:
29/12/2021

Race Club:
Banks Peninsula Trotting Club

Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672

Race Number:
R2

Hearing Date:
29/12/2021

Hearing Location:
Motukarara Raceway, Motukarara

Outcome: Proved

Penalty: Driver, Murray Edmonds fined $200

THE CHARGE:

Following Race 2, Commodore Mobile Pace, Driver Murray Edmonds was charged that, as the Driver of SHEZA MANIPULATOR in the Race, he used his whip free of the rein in the home straight.

The Regulations require that a Driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand. 

SUBMISSIONS:

Mr Munro showed a video replay of the final 100 metres of the Race. He pointed out SHEZA MANIPULATOR, driven by Mr Edmonds, fighting out a tight finish. Just prior to the 50 metres, Mr Edmond dropped his right rein and used his whip held high free of the rein once and, thereafter, he continued to use it in a tapping motion, four of five times, free of the rein until just prior to the finishing line, Mr Munro said.

Mr Edmonds freely accepted Mr Munro’s submissions.

The Committee noted that SHEZA MANIPULATOR finished in 3rd placing.

DECISION:

Mr Edmonds has admitted the charge, which is found proved accordingly.

PENALTY SUBMISSIONS:

Mr Munro said that Mr Edmonds has had 93 drives in the current extended season and, last season, had 63 drives. His most recent offence was on 4 July 2021 (at Addington, using whip in more than a wrist only flicking motion, suspended 5 days) which was only a few days inside the six months reset period. Stewards were happy for Mr Edmonds to be regarded as having a clear record, Mr Munro said.

Mr Munro said that Stewards were seeking a penalty of a $200 fine for a low-level first offence.

REASONS FOR PENALTY:

The Committee is prepared to accept Mr Munro’s submission that Mr Edmonds’ record be regarded as having been reset. The breach is a low-level one – inadvertently reverting to the old style (freehand, loose reining and/or more than a flicking motion) but promptly taking corrective steps to return to a compliant style. There are no relevant aggravating or mitigating factors.

The HRNZ Whip Penalty Guide suggests a starting point for penalty for a low-level breach of a fine in the range of $200-400. A fine at the lower end of that range is appropriate for this, what is clearly a low-level breach.

CONCLUSION:

Driver, Murray Edmonds, is fined the sum of $200.

 

 

Decision Date: 01/01/1970

Publish Date: 30/12/2021