Geraldine TC 7 December 2024 – R9 – Gerard O’Reilly

EVIDENCE:

Following the running of Race 9, Stipendiary Steward Mr Shane Renault presented an Information alleging a breach of Rule 869(2) by Driver Mr Gerard O’Reilly.

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 using the elbow or shoulder when applying the whip.

Mr O’Reilly stated he was conversant with the Charge, the Rule and confirmed he admitted the breach and was excused from the hearing, as he had a horse to be geared up.

Mr Renault played the final straight video to show Mr O’Reilly (AMERICAN ME), finishing the race wide on the track and pointed to Mr O’Reilly strike his horse nine times, which were outside of the Guideline’s standard. He said Mr O’Reilly had driven compliantly for the last 100m of the race.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Renault said Mr O’Reilly has driven 273 times this season and has a clear record under the Rule. He said the Stewards viewed the breach as mid-range and submitted a sanction in line with the Guidelines would be appropriate.

Mr O’Reilly had said he would prefer a fine over a suspension.

REASONS FOR PENALTY:

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

The Adjudicative Committee finds there are no aggravating or mitigating factors present to consider deviating from the Guidelines on this occasion and impose a $500 fine on Mr O’Reilly.

CONCLUSION:

Driver Gerard O’Reilly is fined $500.