Waikato BOP H 24 September 2024 – R2 – Andrew Sharpe
ID: RIB46552
Animal Name:
COMMANDER LINCOLN
Code:
Harness
Race Date:
24/09/2024
Race Club:
Waikato BOP Harness Racing Inc
Race Location:
Cambridge Raceway - 1 Taylor Street, Cambridge, 3434
Race Number:
R2
Hearing Date:
24/09/2024
Hearing Location:
Cambridge Raceway
Outcome: Proved
Penalty: Advanced Amateur Driver Andrew Sharpe is fined $300
Summary of Facts:
Following the running of Race 2, the Respondent Mr 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 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.
Senior Stipendiary Steward Mr Steve Mulcay used available video footage to demonstrate the breach. Mr Andrew Sharpe on COMMANDER LINCOLN, was outside the leader and commences to drive out and engages the elbow in more than a wrist flicking motion. It was not continuous and therefore was considered by the Senior Stipendiary Steward as a low level breach.
In response, the Respondent provided no comment.
Decision:
The charge is admitted and therefore proved.
Submissions for Penalty:
Senior Stipendiary Steward Mr Steve Mulcay produced the Respondent Mr Andrew Sharpe’s record, which indicated he had a clear record, although he had received a low-level warning in the last two months.
Senior Stipendiary Steward Mr Steve Mulcay assessed the breach to be low level and submitted that it be dealt with by way of a $300 fine or two-day suspension.
In response, the Respondent submitted his preference is the $300 fine.
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 low level.
A low-level breach is defined as when a driver inadvertently reverts to the old style (freehand, loose reining and or more than a flicking motion) but promptly takes corrective action to return to a compliant style.
A Low-level Penalty has a $300 starting point.
In terms of penalty, the Respondent submitted preference of the $300 fine being imposed.
Having considered all factors, the Adjudicative Committee deemed a fine of $300 to be an appropriate penalty.
Conclusion:
The Respondent Andrew Sharpe is fined $300.
Decision Date: 24/09/2024
Publish Date: 25/09/2024