NZ Metro TC 22 March 2023 – R2 – Andrew Fitzgerald

Summary of Facts:

Following the running of Race 2, the Respondent Andrew Fitzgerald, admitted a breach of Whip Rule 869(2). Mr Fitzgerald was assisted at the hearing by Driver, Jonny Cox.

The particulars of the charge are that when driving GET KRAKEN, he used his whip with more than a flicking motion in the run home.

Rule 869 provides that:

(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.

Regulation 3.1 reads as follows;

3. USE OF THE WHIP

 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.

Stipendiary Steward Paul Williams used available video footage to demonstrate the alleged breach. Mr Williams pointed out Mr Fitzgerald draw his whip and use it with more than a wrist flicking motion on five occasions over the concluding stages of the race.

In response, the Respondent advised the Adjudicative Committee that he wanted it noted that he believed he had been wrongly advised by the Stewards in how to use the whip to prevent future offending since his last breach.

Decision:

As Mr Fitzgerald has admitted the breach, it is therefore found proved.

Submission For Penalty:

Mr Williams stated that Mr Fitzgerald was warned regarding use of his whip in more than a wrist flicking motion at Banks Peninsula on 8 January 2023. Mr Fitzgerald then was suspended for 3 days for another breach of this Rule at Methven on 12 February 2023. He stated that this breach was mid-level and with the Penalty Guide providing a 4-day suspension for a mid-range 2nd breach, he submitted that a suspension of at least 4 days be considered as penalty .

The Respondent elected to make no submissions in regard to penalty apart from requesting the suspension begin as soon as possible.

Reasons For Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee agreed with the Stewards and assessed the breach as mid-level.

The Penalty Guided provides a 4-day suspension, mitigation inclusive, as a starting point for a second breach of this Rule.

The Adjudicative Committee determined that there were no aggravating factors to consider and with consideration that this was Mr Fitzgerald’s second offence and that the breach was mid level, it was determined that a 4-day suspension, mitigation inclusive, was appropriate in this case.

Conclusion:

The Respondent is suspended from conclusion of racing today, 22 March 2023, up to and including 10 April 2023. Relevant meetings encompassed in this period of suspension are Waimate-26 March, Cheviot-2 April, Timaru-4 April and Banks Peninsula 10 April 2023.