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03 Aug 2018
Nz-Metro-Tc - R10

NZ Metro TC 3 August 2018 - R 10 - Chair, Mr S Ching

Created on 06 August 2018

Committee:
SChing (chair)
HWeston
Name(s):
K O’Reilly-Licensed Open Horseman
Informant
N Ydgren- Chief Stipendiary Steward
Information Number
A09979
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 10, the Cup Day-Avon City Ford Boot party on Sale Pace, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren against Licensed Open Horseman, Mr K O’Reilly, alleging a breach of Rule 869(2) in that he used his whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.

Rule 869(2) reads as follows:

869 (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.

Whip Regulation (b) reads as follows;

(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 O’Reilly had endorsed the information that the breach was admitted. He had also endorsed the information and informed the Stewards that he did not wish to be present at the hearing which was confirmed by Mr Ydgren.

Mr Ydgren gave evidence and showed video replays of the run home. He pointed out Mr O’Reilly, driving SOUNDS BETTOR, inside the 400m and entering positioned on the outside of the leader. Mr Ydgren showed on the videos Mr O’Reilly draw the whip inside the 400m and use his whip on 12 occasions over the concluding stages which was in breach of the Whip Guideline Regulation (b). Mr Ydgren stated that Mr O’Reilly did not dispute the number of strikes.

Decision:

As Mr O’Reilly had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Ydgren stated that Mr O’Reilly had a previous breach of this rule at Oamaru on 20 May where he received a $500 fine for 22 strikes between the 700m and 400m. He stated that the JCA Penalty Guide provided for a 3-day starting point for a second breach of this rule within a six-month period. Mr Ydgren submitted that a suspension of 3 days be considered as penalty in this case.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 3-day suspension, mitigation inclusive, for a second breach of this rule within a six-month period. This Committee determined that there were no aggravating factors to consider, warranting an uplift in penalty. We therefore determined that a 3-day suspension was an appropriate penalty in this case. Deferment was not considered as there were no relevant meetings within the following 7 days.

Penalty:

Accordingly, Mr O’Reilly is suspended from the conclusion of racing today, 3 August up to and including 19 August 2018. Meeting encompassed in this period of suspension are Rangiora on 12 August, Addington on 17 August and Oamaru on 19 August 2018.

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