NZ Metro TC 1 May 2024 – R7 – Daniel Reardon

BACKGROUND:

Following the running of Race 7, Faulks Investments Mobile Pace, Licensed Graduation Driver, Daniel Steven Reardon, admitted a charge that, as the Driver of FLYING FOR ME in the race, he used his whip with more than a wrist flicking motion in the run home.

Rule 869 provides as follows:

(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 by the use of the elbow or shoulder when applying the whip.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the final 300 metres of the race. He pointed out FLYING FOR ME, driven by the Respondent, racing in midfield and wide as the field turned into the final straight.

Mr Williams alleged that the first strike was as the horse rounded the bend and the last in the middle stages of the run home. He alleged that there were seven non-compliant strikes in total, which the Respondent did not dispute.

The Respondent declined to make any submission.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Williams referred to the Penalty Guide which provides for a $300 fine or a 2-days suspension. The breach was on the cusp of mid-level, Mr Williams said, but Stewards were prepared to concede that it was low-level

The Respondent stated that he would prefer a suspension in this instance.

REASONS FOR PENALTY:

The Adjudicative Committee accepts the submission of Mr Williams that the breach was low-level. A “low-level breach” is defined as “when a driver inadvertently reverts to the old style (freehand, loose reigning and/or more than a flicking motion) but promptly takes corrective steps to return to a compliant style”.

The RIB Harness Racing Penalty Guide (February 2023) gives a starting point for a low-level first breach of a $300 fine or a 2-days suspension. The Respondent, given the option, has elected to take a suspension.

There are no aggravating or mitigating factors to warrant a departure from the Penalty Guide starting point.

CONCLUSION:

Licensed Graduation Driver, Daniel Reardon, is suspended from after the conclusion of racing on 1 May 2024, up to and including 12 May 2024 – 2 days.

It is noted that the Premier Meeting of NZ Metropolitan TC on 10 May 2024 has not been included in the period of suspension as the Respondent, as a Graduation Driver, is not eligible to drive at a Premier Meeting.