Westport TC 13 March 2022 – R4 – Gerard O’Reilly

ID: RIB7998

Respondent(s):
Gerard O'Reilly - Driver

Applicant:
Mr Rick Quirk - Stipendiary Steward

Adjudicators:
Dave Anderson

Persons Present:
Mr Quirk and Mr Paul Williams - RIB Stewards and Mr O'Reilly

Information Number:
A16626

Decision Type:
Adjudicative Decision

Charge:
Using whip with more than a wrist flicking motion.

Rule(s):
869(2) - Whip Regulations

Plea:
Admitted

Animal Name:
CORFU BROMAC

Code:
Harness

Race Date:
13/03/2022

Race Club:
Westport Trotting Club

Race Location:
Rangiora Racecourse - 312 Lehmans Road, Fernside, Rangiora, 7440

Race Number:
R4

Hearing Date:
13/03/2022

Hearing Location:
Rangiora Raceway

Outcome: Proved

Penalty: Driver Gerard O'Reilly is fined $200

Summary of Facts:

Following the running of Race 4, the Respondent Mr Gerard O’Reilly admitted a breach of Whip Rule 869 (2).  The particulars of the charge are that ” you used your whip with more than a wrist flicking motion in the home straight when driving CORFU BROMAC”.

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 Mr Quirk with the assistance of Mr Williams used available video footage to demonstrate the breach. He identified Mr O’Reilly racing handy to the pace entering the home straight and he pointed to Mr O’Reilly strike his horse 4 to 5 times while engaging his elbow.

In response, the Respondent advised the Adjudicative Committee he agreed with Mr Quirk’s assessment.

Decision:

The charge is admitted and therefore proved.

Submission For Penalty:

Mr Quirk produced the Respondent Mr O’Reilly’s record which indicated a warning for this Rule on 21 November 2021.

Mr Quirk said that Stewards assessed the breach to be low-level and submitted that it be dealt with by way of a $200 fine.

The Respondent submitted he accepted Mr Quirk’s submission

 Reasons For Penalty:

After considering 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 in that the strikes were of minimal force.

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 range is $200-$400 (first offence).

In terms of penalty, the Respondent made no submissions.

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

Conclusion:

The Respondent is fined $200.

Decision Date: 13/03/2022

Publish Date: 14/03/2022