NZ Metro TC 9 June 2022 – R2 – Murray Edmonds

BACKGROUND:

Following the running of Race 2, IRT. Your Horse. Our Passion. Trot, the Respondent Murray Edmonds admitted a breach of Rule 869(2) and the Whip and Rein Regulations. The particulars of the charge are that, as the Driver of EMILY in the race, he used his whip free of the rein in the home straight.

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, Shane Renault, showed a video replay of the final 200 metres of the race. He pointed out EMILY, driven by the Respondent, racing three places back on the markers as the field turned into the final straight. He then showed that the Respondent turned his whip round and used it on one occasion, free of the rein, before taking hold of the rein and reverting to a compliant style for the remainder of the race.

The Respondent said that he did not realise what he had done until he was shown the video replay. He said it was a case of “old habits”.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said that Mr Edmonds has had 47 drives to date in the current season and, last season, had a total of 95 drives. He added that Mr Edmonds has a number of breaches of the Whip Rules on his record. He proceeded to detail these:

Banks Peninsula on 29.12 21 – fined $200 (using whip free of the rein);

Methven on 6.3.22 – suspended 3 days (using whip free of the rein);

Banks Peninsula on 20.3.22 – suspended 4 days (using whip in more than a wrist only flicking motion); and

NZMTC on 13.4.22 – suspended 4 days (using whip in more than a wrist only flicking motion).

Mr Renault submitted that this is, therefore, the Respondent’s 5th breach within a 6-months period. The two most recent breaches have each resulted in 4-days suspensions. In the most recent breach, Mr Renault said, Mr Edmonds was warned by the Adjudicative Committee that any further breach will be dealt with by a more significant penalty.

Mr Renault agreed with the Adjudicative Committee’s observation that the breach was low-level one.

Mr Edmonds repeated that he was unaware, at the time, that he had even used his whip free of the rein.

REASONS FOR PENALTY:

This is the Respondent’ s 5th breach of the Whip Rules in less than 6 months. This represents a very poor record and two recent 4-days suspensions do not appear to have been a sufficient deterrent to Mr Edmonds. The Adjudicative Committee notes that, following his most recent breach on 13 April last, the Adjudicative Committee, on that occasion, noted that “any further indiscretions under the Regulations by Mr Edmonds within the reset period (6 months) will be dealt with by a more significant sanction”. It is no longer acceptable for Mr Edmonds to plead “old habits”.

Whilst “a more significant sanction” is appropriate in the circumstances, it must be taken into account that this breach, as far as breaches of the Whip Rules are concerned, is not one of the worst but rather is low-level, involving a single use of the whip, not a forceful one, but free of the rein.

Taking all factors into account, the Adjudicative Committee has determined that a suspension of 6 days is appropriate. At this time of the season, this amounts to a suspension of Mr Edmonds’ licence for over 3 weeks. It is hoped that this penalty will adequately penalise this breach and, also, deter him from offending again when he resumes driving.

CONCLUSION:

Driver, Murray Edmonds, is suspended for a period of 6 days commencing on 10 June 2022 and concluding on 3 July 2022, both dates inclusive. The meetings intended to be encompassed by the period of suspension are the six meetings of NZ Metropolitan TC during that period.