NZ Metro TC 8 July 2022 – R9 – Gerard O’Reilly

Summary of Facts:

Following the running of Race 9, the Respondent Mr Gerard O’Reilly admitted a breach of Rule 869 (3)(b); namely that he drove carelessly when contacting the wheel of TAS GIRL BROMAC near the 300m.

The Respondent endorsed the Information ‘I do admit the breach of the Rule’ and confirmed he understood the Rule and the nature of the charge.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Using available video footage Stipendiary Steward Mr S Renualt identified the horses involved in the incident namely, MEGAROCK driven by Mr O’Reilly and TAS GIRL BROMAC driven by Blair Orange.   He said Mr O’Reilly had improved MEGAROCK from 3 back on the markers to behind the leader TAS GIRL BROMAC approaching the home straight. He pointed to a half gap between TAS GIRL BROMAC and the pylons which Mr O’Reilly began to shift his horse into. He said Mr O’Reilly has misjudged the manouvre and struck the near side tyre of TAS GIRL BROMAC and as reported by Mr Orange, the tyre deflated.

In response, the Respondent stated Mr Renualt’s description was correct.

Decision:

The charge is admitted by the Respondent and is therefore deemed proved.

Submission for Penalty:

Stipendiary Steward Mr Renault produced the Respondent’s record which indicated a previous charge on 16 April 2022. Although this was a first offence breach Mr O’Reilly had received a 4-day suspension because it was in a $100,000 listed race.

Mr Renault added the Stewards assessed the breach as low-range but as this is Mr O’Reilly’s second breach of the Rule a suspension of 3 days would be an appropriate penalty.

The Respondent made no submissions on penalty.

Reasons for Penalty:

The Penalty Guide provides, for a driver striking a wheel, a penalty starting point of a 6-drive suspension or a $300 fine.

After taking into account the submissions of both the Applicant and Respondent; noting the race film and the resultant impact on the affected runner, the Adjudicative Committee assessed the breach as low range but because this is a second breach adopted a suspension as an appropriate penalty.

After evaluating all of the factors the Adjudicative Committee determined a 3-day suspension to be an appropriate penalty in the circumstances of this case.

Penalty:

The Respondent’s licence to drive is suspended from 14 July 2022 to 22 July 2022 inclusive.