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Methven TC 8 December 2019 - R 8 - Chair, Mr R McKenzie

Created on 12 December 2019

Committee:
RMcKenzie (chair)
OJarvis
Name(s):
P J Wakelin
Licensed Open Driver
Informant
C M Tibbs
Stipendiary Steward
Information Number
A11235
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 8, Neumann’s Tyre Service Handicap Trot an information was filed by Stipendiary Steward, Mrs C M Tibbs, against Licensed Open Driver, Ms P J Wakelin, alleging that Ms Wakelin, as the driver of RUSTY I AM in the race, “used her whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations ”.

Ms Wakelin had signed the Statement by the Respondent on the information form indicating that she admitted the charge. She confirmed this at the hearing, at which she was present.

Rule 869 provides as follows:

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

The Use of Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mrs Tibbs pointed out RUSTY I AM, driven by Ms Wakelin, racing 3-wide near the lead as the field turned into the home straight. Ms Wakelin used her whip twice and, after activating gear, used her whip on a further 9 occasions to the finishing line. Ms Wakelin agreed with the total count of 11, as did the Committee from its observation of the video replay. RUSTY I AM finished in 4th placing.

Ms Wakelin did not wish to say anything in relation to the breach. 

Decision:

Ms Wakelin having admitted the breach, the charge is found proved.

Submission For Penalty:

Mrs Tibbs told the hearing that Ms Wakelin has had 26 drives this season before today and 60 last season. She has a previous breach of the excessive use of the whip rule at the meeting of Banks Peninsula TC on 1 December 2019. The current breach is within the 6 months reset period, so it is a second breach

Mrs Tibbs referred to the scale of penalties under the Use of the Whip Regulations. The prescribed penalty for a second breach of the rule is a 3-5 days suspension. Stewards considered the breach to be low-end and, accordingly, submitted that a 3-days suspension was an appropriate penalty.

Ms Wakelin told the Committee that she did wish to seek a deferment of suspension.

The Committee then addressed the matter of the meetings at which Ms Wakelin would likely to be driving.

Reasons For Penalty:

The Committee agrees with the submission of the Stewards that the breach is at the low end, based on the number of strikes and the force applied. There are no aggravating or mitigating factors to be considered. In the light of this, the appropriate penalty is a 3-days suspension, being the Penalty Guide starting point for a low-end breach.

Penalty:

Ms Wakelin’s Open Driver’s licence is suspended from 9 December 2019 to 20 December 2019 both days inclusive – 3 days. The meetings intended to be encompassed by the term of suspension are NZ Metropolitan TC on 13 December 2019, Akaroa TC on 15 December 2019 and NZ Metropolitan TC on 20 December 2019.

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