Auckland TC 26 April 2024 – R7 – Sarah O’Reilly

Summary of Facts:

Following the running of Race 7, the Respondent Driver Ms S O’Reilly admitted a breach of Rule 858(1)(i); namely that when driving AMERICAN ME she failed to maintain her position behind the mobile start.

Ms O’Reilly, endorsed the Information ‘I do admit the breach of the Rule’ and confirmed she understood the Rule.

Rule 858(1)(i) provides:

858(1) A driver must not:-

(i) Fail to maintain his or her position.

Using available video footage, Senior Stipendiary Steward, Mr S Mulcay identified the horse AMERICAN ME driven by Ms O’Reilly, drawn 7 off the mobile gate, half a length back from its correct position as the field passed the candy pole 50m from the start. Mr Mulcay then showed AMERICAN ME was a length behind the barrier arm as the start was made.

Ms O’Reilly had no comment to make.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submissions for Penalty:

Senior Stipendiary Steward Mr Mulcay advised the Respondent’s record which was clear under this Rule.

Mr Mulcay stated that this breach is usually dealt with by way of a MIN, with a fine of $100. He said as this was a Group 1 Race, an Information was filed. He stated that previous breaches of this Rule in Group Races had incurred fines of $200. He submitted that a fine of $200 be considered as penalty.

Ms O’Reilly had no comment to make on the penalty.

Reasons for Penalty:

As noted, these breaches of this particular Rule are usually dealt with by way of the MIN system with a $100 fine. However, as this is a Group Race, Mr Mulcay filed an Information and submitted a fine of $200 be considered as penalty.

The Adjudicative Committee identified historic penalties for breaches of this Rule in Group Races that resulted in penalties of $200. The most recent being Mr P Nairn at Addington on 9 February.

The Adjudicative Committee determined that in this case being a Group 1 event, and for the sake of consistency, a fine of $200 was appropriate.

Conclusion:

Ms O’Reilly is fined the sum of $200.