Hororata TC 12 February 2023 – R7 – Andrew Fitzgerald
ID: RIB15589
Animal Name:
Maybe
Code:
Harness
Race Date:
12/02/2023
Race Club:
Hororata Trotting Club
Race Location:
Methven Racecourse - 47 Mount Hutt Station Road, Methven, 7782
Race Number:
R7
Hearing Date:
12/02/2023
Hearing Location:
Mt Harding Racecourse, Methven
Outcome: Proved
Penalty: Junior Driver, Andrew Fitzgerald, suspended 3 days
BACKGROUND:
Following the running of Race 7, Nufarm Revell Douglas Junior Drivers Series Handicap Pace, Junior Driver, Andrew Fitzgerald, as the Driver of MAYBE in the race, admitted a charge of using his whip in more than a wrist flicking motion in the run home.
The Respondent was assisted at the hearing by Open Driver, Gavin Smith.
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.
EVIDENCE:
Stipendiary Steward, Paul Williams, showed a video replay of the final 300 metres of the race. He pointed out MAYBE, driven by the Respondent, racing in the back half of the field as the field turned into the final straight.
Mr Williams said that the charge related to two strikes in more than a wrist only flicking motion at about the 200 metres.
Mr Smith said that the whip action looked more extravagant than it actually was. He did not believe that the Respondent had engaged his elbow. The Respondent had admitted the breach but there were only two strikes, and not that forceful, he said.
The Respondent said that he believed that he had changed his whip action to comply with the Regulations. He did not believe that he had engaged his elbow.
DECISION:
The charge is admitted and is therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Mr Williams said that the Respondent had 6 drives in the new season. He has a previous breach on his record as an Amateur Driver – on 28 August 2022 at Rangiora HRC (4 strikes free of the rein, suspended 6 weeks).
For a second breach, the penalty starting point is a 3-days suspension, Mr Williams said. The breach was low-level and a 3-days suspension was appropriate, he submitted.
The Respondent sought a deferment until after 18 February 2023.
REASONS FOR PENALTY:
The Adjudicative Committee agreed with Mr Williams’ submission that this breach was low-level as defined in the HRNZ Whip Penalty Guide, that is to say – “when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”. The breach comprised two strikes free of the rein.
For a second low-level breach such as this, the starting point for penalty under the RIB Harness Racing Penalty Guide (effective 1 February 2023) is a 3-days suspension. In this case, there are no relevant aggravating or mitigating factors to consider and a penalty of a 3-days suspension is appropriate.
CONCLUSION:
The Respondent, Junior Driver, Andrew Fitzgerald, is suspended for 3 days commencing on 19 February 2023 and concluding on 25 February 2023.
Decision Date: 12/02/2023
Publish Date: 14/02/2023