Waikato BOP H 19 December 2024 – R2 – Andrew Sharpe

ID: RIB49635

Respondent(s):
Andrew Jeremy Sharpe - Driver

Applicant:
Mr S Renault - Stipendiary Steward

Adjudicators:
Mr A Smith (Chair), Mrs G Himona

Persons Present:
Mr S Mulcay

Information Number:
A10604

Decision Type:
Race Related Charge

Charge:
Contravention of Whip and Rein Regulations

Rule(s):
869(2) - Contravention whip rule

Plea:
Admitted

Animal Name:
COMMANDER LINCOLN

Code:
Harness

Race Date:
19/12/2024

Race Club:
Waikato BOP Harness Racing Inc

Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434

Race Number:
R2

Hearing Date:
19/12/2024

Hearing Location:
Cambridge Raceway

Outcome: Proved

Penalty: Driver Andrew Sharpe is fined $500

Summary of Facts:

Following the running of Race 2, the Respondent Andrew Sharpe admitted a breach of Whip Rule 869(2).  The particulars of the charge are that he used his whip with more than a wrist flicking motion on the final bend and in the run home.

Rule 869 provides that:

(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.

Stipendiary Steward S Renault used available video footage to demonstrate the breach. He identified Mr Sharpe in a 3 wide position on the corner, racing towards the lead. He showed the Adjudicative Committee that Mr Sharpe used his whip in his left hand on the corner, with strikes that fell outside the Guidelines. He said then there was a pause, before Mr Sharpe again applied the whip outside of the Guidelines in the home straight.

Mr Sharpe offered no comment in regard to the breach.

Decision:

The charge is admitted and therefore proved.

Submissions for Penalty:

Mr Renault produced the Respondent’s record, which was clear in the previous 2 months, apart from a previous warning for whip use outside the Guidelines.

Mr Renault said that Stewards assessed the breach to be medium level and submitted that it be dealt with by way of a fine.

The Respondent offered no submissions, but indicated a fine was preferred.

Reasons for Penalty:

After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee assessed the breach as Mid-range.  This assessment was determined by the fact that the Adjudicative Committee considered that while both the strikes on the corner and later in the race when considered independently were of low level in nature, combined, the breach should be elevated to Mid-range.

A Medium-level breach, the start point is either to be a fine ($500) or period of suspension (2 meetings).

While Mr Sharpe did go on to win the race, the Adjudicative Committee did not consider the whip breach was a determinant factor in the race outcome, so did not uplift the penalty from the starting point.

Having considered all factors, the Adjudicative Committee deemed a $500 fine to be an appropriate penalty.

Conclusion:

The Respondent is fined $500.

Decision Date: 19/12/2024

Publish Date: 20/12/2024