Manawatu HRC 31 March 2022 – R2 – Sean McCaffrey

SUMMARY OF FACTS:

Mr McCaffrey, the Driver of “SWIMINTHERIVER”, admitted a breach that he used his whip with more than a wrist flicking motion in the run home (Race 2).

Mr McCaffrey acknowledged that he understood the Rule and confirmed that he admitted the breach.

Mr Dooley showed film replays and identified where Mr McCaffrey’s whip use was in breach of the Rule early in the run home.  He used the whip approximately 4 times with more than a wrist flicking motion.

In response, Mr McCaffrey said that he was running the rein over the rump with a stiff arm for about 10m only.

DECISION:

As the charge was admitted by Mr McCaffrey, it was found proved.

PENALTY SUBMISSIONS:

Mr Dooley said that Mr McCaffrey had one prior breach of the Rule, on 9 December 2021 when a 2-Day Suspension was imposed.  He said that the Penalty Guide was silent for a second breach.  He added that penalties for a second breach had been Suspensions of 3-Days.  He placed today’s breach in the low-range category.

Mr McCaffrey said that it was very minor and that he was driving the next night at Auckland.

REASONS FOR PENALTY:

The Adjudicative Committee placed the breach in the low-end and determined that a 2-Driving Day Suspension was appropriate.

CONCLUSION:

Mr McCaffrey’s Driver’s Licence was suspended following racing on 1 April through to the end of racing on 8 April 2022.