Auckland TC 15 June 2023 – R1 – Andrew Sharpe

Evidence:

This charge arises from the running of Race 1. Senior Stipendiary Steward Mr Mulcay filed an Information alleging Amateur Driver, Mr Andrew Sharpe (COTTON SOCKS), “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.

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.

3.2 For the purposes of Clause 3.1, “wrist only flicking motion” means:

3.2.1 Ensuring no force is generated by the use of the elbow or shoulder when applying the whip.

3.2.2. The forearm is not raised beyond forty-five degrees relative to the racing surface.

3.3.3 Not applying the whip with overt force.

Mr Sharpe admitted the breach and he endorsed the Information accordingly. He was present at the hearing.

Mr Mulcay used available video footage to demonstrate the breach. He identified COTTON SOCKS commencing a run on the outer of the lead horse rounding the home turn. He pointed out that Mr Sharpe used his whip with more than a wrist flicking motion in the run up the home straight. He said that the breach was at the low end given that the breach occurred for less than 50 metres, after which corrective action was taken by Mr Sharpe.

In response, Mr Sharpe advised that he had nothing further to add.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Mulcay said that Mr Sharpe has a clear record with no previous charges relating to the Whip Rule breaches within the reset period. However, he pointed out that he received a warning for his whip use in March 2023.

Mr Mulcay confirmed that Stewards assessed this breach to be in the low-range and referred to the Penalty Guide which provides for a $300 fine or 2-day suspension for a low-level breach.

In response, Mr Sharpe submitted that he would prefer a fine as opposed to a suspension. He confirmed that he can pay a fine.

Reasons For Penalty:

After reviewing the films and considering the whip use, the Adjudicative Committee determined Mr Sharpe’s whip use to be low-level.

A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.

For a low-level breach (first offence), the Penalty Guide (effective 1 February 2023), provides for a $300 fine or 2-day suspension as the starting point.

Other than a series for invited Amateur Drivers, there is a limited number of races programmed for northern-based Amateur Drivers over the next few months. Mr Sharpe advised that he has not been invited to participate in the series. On that basis, fixing dates for any proposed suspension is problematic. Consequently, a fine is the more appropriate penalty in the circumstances of this case. There are no compelling reasons for the Adjudicative Committee to deviate from the starting point for this low-level breach.

Conclusion:

Mr Sharpe is fined $300.