NZ Metro TC 26 June 2022 – R1 – Craig Sharpe

BACKGROUND:

Following the running of Race 1, NZ Amateur Drivers Championship (Heat 3) Mobile Pace, the Respondent, Advanced Amateur Driver Craig Sharpe, admitted a breach of Whip Rule 869(2) when driving FOUR STARZZZ SHIRAZ.

Rule 869 provides that:

(2)  No driver shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.

The Whip and Rein Regulations provide:

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:

Mr Williams showed a video replay of the final 300 metres of the race. He pointed out FOUR STARZZZ SHIRAZ, driven by the Respondent, improving to 3-places back on the marker line as the field approached the home turn. Upon turning for home,  the Respondent used his whip free of the rein on two occasions, before regathering the rein. The strikes were quite clear, Mr Williams submitted.

The Respondent said that he had been caught in two minds. He had intended to activate the removable earplugs and had turned his whip. He then decided that it was preferable to get the horse going before doing so, he said. He did activate the gear immediately afterwards, he said.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

The Respondent has a clear record, Mr Williams said. He referred to the Penalty Guide, which suggests a fine in the range of $200-400 for a low-level first offence, which this was, he said.

The Respondent did not wish to make any submission.

REASONS FOR PENALTY:

This breach was clearly within the definition of  low-level breach in the HRNZ Whip Penalty Guide – that is to say, “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 breach involved two strikes free of the rein early in the run home.

As pointed out by Mr Williams, the Penalty Guide sets a penalty range of of a fine of $200-400.

The breach can adequately be dealt with by a fine at the lower level of that range.

CONCLUSION:

The Respondent, Advanced Amateur Driver Craig Sharpe, is fined $200.