Auckland TC 17 August 2023 – R1 – Andrew Sharpe

ID: RIB26331

Respondent(s):
Andrew Sharpe - Other (Amateur Driver)

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Adjudicators:
Mr G Jones

Persons Present:
Mr Mulcay, Mr Sharpe

Information Number:
A16387

Decision Type:
Race Related Charge

Charge:
Use of whip - more than flicking motion

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
OHOKA ACHILLES

Code:
Harness

Race Date:
17/08/2023

Race Club:
Auckland Trotting Club

Race Location:
Alexandra Park - Cnr Greenlane West & Manukau Road Greenlane, Auckland, 1051

Race Number:
R1

Hearing Date:
17/08/2023

Hearing Location:
Alexandra Park

Outcome: Proved

Penalty: Amateur Driver Andrew Sharpe suspended 4 days

Summary of Facts:

Following the running of Race 1, the Respondent Amateur Driver Mr Andrew Sharpe admitted a breach of Whip Rule 869(2).  The particulars of the charge were that Mr Sharpe used his whip with more than a wrist flicking motion in the run home.

Mr Sharpe confirmed his admission of the Rule.

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.

Senior Stipendiary Steward Mr Mulcay used available race films to demonstrate the breach. He pointed out that OHOKA ACHILLES (A Sharpe) was the lead horse as the field entered the home straight.  He said that Mr Sharpe used his whip with more than a flicking motion, namely by using his rein, and engaging his elbow and forearm.

In response, Mr Sharpe said that because he is left handed, his whip use appears more pronounced than other Drivers who are right handed.  Mr Sharpe agreed with the Stewards’ assessment of the breach.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Mulcay produced Mr Sharpe’s record which indicated one previous breach on 15 June 2023, which resulted in a $300 fine. He said that Stewards assessed the breach to be low-level and submitted that a one month suspension would be appropriate.

The Respondent made no submissions on the Penalty and did not seek a deferment to any proposed suspension.

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 assessed the breach as low level and considering this being Mr Sharpe’s second breach, a suspension is required.

There are limited race driving opportunities available for Amateur Drivers, and identifying programmed race dates for Amateurs is problematic.  For consistency, the approach generally taken by Adjudicative Committees with regards to Amateurs, is to accept that they may have driving opportunities at 2 or 3 meetings per month. On that basis, Mr Sharpe is suspended for 4 Northern Meetings.  These include meetings: Waikato 24/08/23, Auckland 31/08/23, Auckland 7/09/23 and Auckland 14/09/23.  This assumes that Amateur Driver races will be programmed at 2 or more of those meetings.

Conclusion:

Amateur Driver, Mr Sharpe’s Licence to drive in races is suspended for 4 Northern Harness Racing Days – from 18 August 2023 until 14 September 2023 inclusive.

Decision Date: 17/08/2023

Publish Date: 18/08/2023