Ashburton TC 16 January 2024 – R8 – Andrew Fitzgerald

BACKGROUND:

Following the running of Race 8, Philips Family Junior Drivers Mobile Pace, Junior Driver, Andrew Fitgerald, admitted a breach of the Whip Rules in that, as the Driver of SOPHIA BROMAC in the race, he “used his whip with more than a wrist flicking motion in the run home”.

The Respondent waived the right to be assisted at the hearing by an Open Driver.

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.

 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.

EVIDENCE:

Stipendiary Steward, Matt Sole, showed a video replay of the final 200-300 metres of the race. He pointed out SOPHIA BROMAC, driven by the Respondent, racing outside the leader as the field turned into the final straight. From that point, Mr Sole said, there were some strikes that were not of concern to Stewards, but there were 4-5 strikes that were clearly in breach of the Whip Rules. He submitted that the breach was mid-level.

The Respondent said he agreed that there were two clear strikes in more than a wrist only flicking motion. He was contesting the other alleged strikes, he said, and his whip use had been broken up, and not continuous, he said. The breach was low-level, he submitted.

DECISION:

The charge having been admitted, it is found proved.

SUBMISSIONS FOR PENALTY:

Mr Sole said that the Respondent had 15 drives in the 2023 season and has had one drive in the new season. Lifetime drives total 163. He has a clear record.

Mr Sole then referred to the Penalty Guide starting points for low-level and mid-level breaches – $300 fine or 2-days suspension and $500 fine or 2-days suspension respectively.

The Respondent expressed a preference for a suspension which could commence immediately, he said. He would be driving at the Blenheim meeting on 19 and 21 January, he said, and Mr Sole accepted this.

REASONS FOR PENALTY:

The RIB Harness Racing Penalty Guide (February 2023) provides a starting point for penalty of a 2-days suspension or a fine of $300 for a low-level, first breach. 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 steps to return to a compliant style”. The Adjudicative Committee accepts that this particular breach is a low-level one within that definition. The number of offending strikes was not high, the strikes were broken up and not delivered with any amount of force.

The Respondent has expressed a preference, in this instance, for a suspension. There are no relevant aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point for a low-level breach of a 2-days suspension.

CONCLUSION:

Junior Driver, Andrew Fitzgerald, is suspended from after the close of racing on 16 January 2024, up to and including 21 January 2024 – 2 days.