Waikato BOP H 29 September 2022 – R8 – Owen Gillies

EVIDENCE:

Following the running of Race 8, the IKE UNSWORTH COLLIERS MOBILE PACE, Mr Mulcay presented an Information charging Mr O Gillies, the Driver of “OHAKA ACHILLES” with a breach of Rule 869(2) and the Whip and Rein Regulations.  The allegation was that “Mr Gillies used his whip with more than a wrist flicking motion in the run home”.

Rule 869(2) provides “that no driver shall use the whip in a manner that contravenes the Whip and Rein Regulations”.

The relevant provision is the Whip Regulations provides “that a driver must not use the whip with more than a wrist flicking motion.”

It is well known by all Drivers.

Stipendiary Steward S Renault demonstrated the breach from the race films, side and head on.  Mr Gillies struck “OHAKA  ACHILLES” seven times over a distance in excess of 50 metres whilst running to the finish in the home straight, in a forceful manner with arm above shoulder height and not flicking with the wrist as the Regulation required.

Mr Gillies accepted that assessment and made no other comment.  He has no breaches of this Rule.

DECISION:

As Mr Gillies admitted the charge, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Mulcay said the breach was in the mid range category.  The Penalty Guide provides for sanctions of either a $500 fine or a suspension for 2 meetings.

Mr Gillies accepted that either of such penalties were available and said that he did not have a preference.

REASONS FOR PENALTY:

The Adjudicative Committee did not see any reason to depart from the current Guidelines and deemed it appropriate that Mr Gillies is suspended for 2 race meetings.

CONCLUSION:

Mr Gillies’ licence is suspended for 2 meetings, at Auckland on 7 October 2022 and Cambridge on 13 October 2022.