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Methven TC 15 April 2018 - R 7 - Chair, Mr D Anderson

Created on 16 April 2018

Rules:
869(2)
Committee:
DAnderson (chair)
SChing
Name(s):
Mr L O'Reilly - Open Horseman
Mr D Wadley - Stipendiary Steward
Mr N McIntyre - General Manager of Stewards
Informant
Mr S Renault - Stipendiary Steward
Information Number
A10175
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 7 the “P G O’Reilly snr Memorial Pace” an Information was filed by Stipendiary Steward Mr S Renault alleging a breach of Rule 869 (2) by Open Horseman Mr L O’Reilly. The Information stated that “Mr O’Reilly (HIS ROYAL HARNESS) used his whip excessively inside the final 400 metres”.

Mr O’Reilly signed the information stating he admitted the breach and that he did not wish to be present at the hearing of the Information.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of Whip Regulations (effective from 30 November 2017) provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Wadley used the race video, with the assistance of Mr Renault, to identify Mr O’Reilly driving (12) HIS ROYAL HARNESS, approaching the home straight. He pointed to Mr O’Reilly shifting his horse into clear running, activating ear plugs, drawing his whip and using it 11 times in the run to the finishing post. Mr Wadley said that the force of the strikes was moderate.

Decision:

As Mr O’Reilly admitted the breach the charge was found proved.

Submission For Penalty:

Mr Wadley said Mr O’Reilly has had 134 drives this season and a clear record under this rule. He said the sliding scale penalty for a breach involving 11 strikes is a $200 fine and the Stewards see this as appropriate in this case.

Reasons For Penalty:

In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach involving a number of strikes in the range of 11-13 is a fine of $200. There were no aggravating factors in this case to warrant an uplift in penalty or were there any mitigating factors to warrant a discount from the starting point in the Regulations.

Penalty:

Mr O’Reilly is fined the sum of $200.

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