Geraldine TC 7 December 2024 – R11 – Henry Sail

ID: RIB49174

Respondent(s):
Henry Millar Sail - Junior Driver

Applicant:
Mr Shane Renault - Stipendiary Steward

Adjudicators:
Dave Anderson

Persons Present:
Mr Renault and Mr Sail

Information Number:
A20196

Decision Type:
Race Related Charge

Charge:
Using Whip in a continuous manner

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

Plea:
Admitted

Animal Name:
JACK TAR

Code:
Harness

Race Date:
07/12/2024

Race Club:
Geraldine Trotting Club

Race Location:
Orari Racecourse - Orari Station Road, Orari, 7992

Race Number:
R11

Hearing Date:
07/12/2024

Hearing Location:
Orari Racecourse

Outcome: Proved

Penalty: Junior Driver Henry Sail is suspended for 2 days

EVIDENCE:

Following the running of Race 11, Stipendiary Steward Mr Shane Renault presented an Information alleging a breach of Rule 869(2) by Junior Driver Mr Henry Sail.

Mr Sail stated he understood the Rule and the Charge and confirmed he admitted the breach of the Rule. Mr Sail declined assistance from a Senior Driver and stated he was comfortable by himself.

Rule 869(2) provides:

3.4 For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive: 3.4.1 If the whip is applied other than as permitted in clause 3.1. 3.4.2 If the whip is applied more than a wrist flicking motion or free of the rein or continuous.

Mr Renault played the final straight video to show Mr Sail (JACK TAR) finishing strongly in the middle of the track, where he used his whip continuously for most of the home straight. Mr Renault said the strikes were compliant but far too many, Stewards counting more than 30.

Mr Sail agreed he was in breach of the Rule and made no submissions.

DECISION:

The Respondent having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Renault said Mr Sail has a clear record under the Rule. He said the Stewards view this breach at low to mid-range and would be seeking a penalty as the Guidelines provide.

Mr Sail made no submissions on Penalty, but asked for a suspension rather than a fine. He wished to start any proposed suspension after 13 December at Addington.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 2-day suspension or a $500 fine for a mid-range breach, which this is.

There are no factors here to move the Adjudicative Committee to depart from the Guidelines and accordingly, suspend Mr Sail for 2 days.

Deferment is granted pursuant to Rule 1106.

CONCLUSION:

Junior Driver Mr Henry Sail is suspended from the conclusion of racing on 13 December 2024, up to and including racing on 17 December 2024.

Decision Date: 07/12/2024

Publish Date: 10/12/2024