Nelson HRC – 10 January 2010 –

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startdate: 10/01/2010

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hearing_title: Nelson HRC - 10 January 2010 -

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RACEDAY JUDICIAL COMMITTEE DECISION

Information No. 68319

Meeting   Nelson Harness Racing Club

Date  10 January 2010

Venue     Nelson

Race 9  The Nelson Pine Industries Mobile Pace 2400m

Rule  869 (2) (a)
 
Judicial (Chair)  P Welch,  Committee  P Williams

Plea  Admitted

Appearing Informant: Stipendiary Steward Mr S P Renault
                   Defendant: Mr G D O’Reilly

Following the running of race 9, the Nelson Pine Industries Mobile Pace 2400m, information 68319 was filed against licensed horseman Mr G D O’Reilly alleging a breach of rule 869(2)(a) in that Mr O’Reilly as the driver of ENCORE MAESTRO used his whip excessively in the run home.

RACEDAY JUDICIAL COMMITTEE DECISION

Information No. 68319

Meeting   Nelson Harness Racing Club

Date  10 January 2010

Venue     Nelson

Race 9  The Nelson Pine Industries Mobile Pace 2400m

Rule  869 (2) (a)
 
Judicial (Chair)  P Welch,  Committee  P Williams

Plea  Admitted

Appearing Informant: Stipendiary Steward Mr S P Renault
                   Defendant: Mr G D O’Reilly

Following the running of race 9, the Nelson Pine Industries Mobile Pace 2400m, information 68319 was filed against licensed horseman Mr G D O’Reilly alleging a breach of rule 869(2)(a) in that Mr O’Reilly as the driver of ENCORE MAESTRO used his whip excessively in the run home.

Rule 869(2)(a) states “No horseman shall during any race:- a) Use his whip in an unnecessary, excessive or improper manner”

Mr O’Reilly indicated on the information firstly, that he admitted this breach of the rule and secondly, that he did not wish to be present at the hearing of the information.  The breach of the rule was accordingly found proved.

Stipendiary Steward Mr Renault showed the side-on film of the final 350m of the race.   He alleged that Mr O’Reilly used his whip between 21 and 23 times in the run home.

Penalty Submission

In relation to penalty Mr Renault said Mr O’Reilly had an excellent record in relation to this rule.  He had cooperated fully with the stewards and was frank in his admission of the breach.  However, his use of whip was clearly excessive the stewards recommended that a fine of $200 would be an appropriate penalty.

Decision

In coming to a decision on penalty the Committee has carefully considered the incident as shown on the film and all the submissions put before it.  We have taken into account Mr O’Reilly’s admittance of the breach and his excellent record which, according to JCA records, shows no breaches of the rule at least since 01 April 2009.  We agree with the stewards that Mr O’Reilly used his whip at least 21 times in the run home.  In the absence of any submissions from Mr O’Reilly we agree that a fine is appropriate and Mr O’Reilly is fined the sum of $200.

P Welch            P Williams
Chair                 Committee Member
68319

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hearing_type: Old Hearing

Rules: 869.2.a

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