Manawatu HRC 16 March 2023 – R3 – Sarah O’Reilly

ID: RIB17652

Respondent(s):
Sarah O'Reilly - Driver

Applicant:
Mr A Dooley - Stipendiary Steward

Adjudicators:
Mr N McCutcheon

Persons Present:
Ms O'Reilly, Mr D Butcher - assisting Ms O'Reilly, Mr Dooley, Mr Mulcay

Information Number:
A17269

Decision Type:
Race Related Charge

Charge:
Careless Driving

Rule(s):
869(3)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
PETRONELLI GEE

Code:
Harness

Race Date:
16/03/2023

Race Club:
Manawatu Harness Racing Club

Race Location:
Manawatu Raceway - Pioneer Highway, Palmerston North,

Race Number:
R3

Hearing Date:
16/03/2023

Hearing Location:
Manawatu Raceway

Outcome: Proved

Penalty: Driver Sarah O'Reilly is fined $200

FACTS

Ms O’Reilly, the Driver of ‘PETRONELLI GEE’, admitted a breach of careless driving.

The careless driving being that near the 300m, she allowed her gelding to contact and puncture the sulky wheel of ‘LOVE IS EVERYWHERE’ (B Orange).

Ms O’Reilly, with the assistance of Mr David Butcher, said that she understood the Rule, charge and confirmed that she admitted the breach.

Mr Dooley showed film replays and said that near the 300m, ‘PETRONELLI GEE’ was in the trail behind ‘LOVE IS EVERYWHERE’, and that Ms O’Reilly angled her drive out and hit the outside wheel of the sulky on ‘LOVE IS EVERYWHERE’.

He said that ‘PETRONELLI GEE’ had been racing keenly during the running.

He added that Mr Orange confirmed that the tyre had been punctured.

Ms O’Reilly said that her drive had been over-racing and had been hitting his own wheel discs.  She said that she thought she was clear and said that she just caught the wheel once.

DECISION

As the charge was admitted, it was deemed proved.

PENALTY SUBMISSIONS

Mr Dooley said that Ms O’Reilly had a clear record and had admitted the breach.

The Penalty Guide starting point of $300 was referred to.

Ms O’Reilly, supported by Mr Butcher, believed that a fine of $300 was excessive for a Junior Driver who had a clear record.

REASONS FOR PENALTY

The carelessness was deemed to be low range.

Taking into account the record, admission of the breach and that ‘PETRONELLI GEE’ was racing keenly just prior to shifting out and had almost cleared the wheel of ‘LOVE IS EVERYWHERE’, a fine of $200 was considered to be a suitable penalty.

CONCLUSION

Ms S O’Reilly was fined $200.

Decision Date: 16/03/2023

Publish Date: 23/03/2023