Non Raceday Inquiry – Written Decision dated 27 August 2024 – Gerard O’Reilly

The Charge

[1]  Information No. A20020 alleged “G O’Reilly (KD ROYALTY) shifted outwards near the 1100m, forcing BUFFY NORTHSTAINS wider on the track.

[2]  The Information was served on the Respondent on 16 August 2024 and related to Race 7 at the Ashburton Harness Racing Club’s Meeting on 11 August 2024.

[3]  The hearing of the charge took place at Addington Raceway on 23 August 2024. Mr O’Reilly was not present at the hearing, but took part via phone. The Charge and the Rule were read to him, and he confirmed that he understood the Charge, the Rule, and that the Charge was admitted.

[4]  The Charge was found proved.

The Rule:

[5]  Rule 869(4)(6)(b)(c) provides:

(4) No driver shall during any race do anything which interferes or is likely to interfere with his own horse and/or any other horse or its progress.

(6) Subject to sub-rule (4) hereof: – (a) drivers are permitted to move ground inwards or outwards at any stage of the race to improve their racing position.

(b) a horse during any race shall not be forced to race wider on the track;

(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.

Evidence:

[6]  Mr Renault played the race video from approximately the 1200m, where he identified Mr O’Reilly driving the favourite for the race, KD ROYALTY, four back on the markers. He pointed to BUFFY NORTHSTAINS (S Tomlinson) improve to the wheel of KD ROYALTY and at this juncture, showed Mr O’Reilly begin to shift outwards, forcing BUFFY NORTHSTAINS 3-wide.

[7]  Mr Renault said Miss Tomlinson elected to move forward to the parked position and Mr O’Reilly enabled himself, with this manoeuvre, to race in the 1×1 spot, where he was not entitled to be.

[8]  Mr Renault said BUFFY NORTHSTAINS has gone on and placed second in the race, with KD ROYALTY third.

[9]  Mr O’Reilly agreed with Mr Renault’s assessment and said he had nothing to add.

Penalty Submissions of the Informant:

[10]  Mr Renault stated Mr O’Reilly has a clear record under the Rule. He said last season, Mr O’Reilly drove 272 times and to date, has had 183 drives this season.

[11]  Mr Renault said Stewards gauged the breach at mid-level and seek a fine of $200 as Penalty.

Penalty Submissions of the Respondent:

[12]  Mr O’Reilly made no submissions on penalty.

Reasons for Penalty:

[13]  The Penalty Guidelines provide for a first offence of the Rule, a fine of $200.

[14]  The Adjudicative Committee can find no aggravating or mitigating factors to depart from the Guidelines on this occasion and accordingly, find a fine of $200 is appropriate in the circumstance of this case.

Penalty:

[15]  Mr O’Reilly is fined $200.

Costs:

[16]  The matter was heard on a raceday and the Adjudicative Committee is not seeking an order for costs.