Banks Peninsula TC 10 April 2023 – R6 – Shannon O’Sullivan
ID: RIB18413
Animal Name:
MAYBE
Code:
Harness
Race Date:
10/04/2023
Race Club:
Banks Peninsula Trotting Club
Race Location:
Motukarara Racecourse - 43 Duck Pond Road, Motukarara, 7672
Race Number:
R6
Hearing Date:
10/04/2023
Hearing Location:
Motukarara
Outcome: Proved
Penalty: Junior Driver Shannon O'Sullivan, 3 day suspension
Summary of Facts:
Following the running of Race 6, the Respondent Shannon O’Sullivan, admitted a breach of Whip Rule 869(2). Miss O’Sullivan was assisted at the hearing by Open Driver, John Dunn.
The particulars of the charge are that when driving MAYBE, she used her whip with more than a flicking motion in the run home.
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.
Regulation 3.1 reads as follows;
- USE OF THE WHIP
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
Stipendiary Steward Shane Renault used available video footage to demonstrate the alleged breach. Mr Renault pointed out Miss O’Sullivan draw her whip, and use it with more than a wrist flicking motion on 12 occasions over the concluding stages of the race.
Miss O’Sullivan, with assistance from Mr Dunn, stated that she was an Australian Junior Driver here in New Zealand to gain experience. She said she had previously had issues with the whip in Australia and had been through a mentorship to improve her whip use. She added she thought her whip action was acceptable.
Decision:
As Miss O’Sullivan has admitted the breach, it is therefore found proved.
Submission For Penalty:
Mr Renault stated that Miss O’Sullivan had two previous breaches in Australia being 28 December 2022- $200 fine and 8 January 2023-$400 fine. He stated that this breach was mid-level and submitted that after taking all factors into consideration, a suspension of at least 3 days be considered as penalty.
The Respondent, with the assistance of Mr Dunn, stated that in Australia there was a reset of penalty being 28 days for whip breaches, whereas here it is 6 months or 200 drives. They submitted that a fine be considered as penalty. Miss O’Sullivan requested a deferment of suspension until after racing at Methven on 16 April 2023.
Reasons For Penalty:
After consideration of the evidence from all parties concerned and viewing the race films of the concluding stages of the race, the Adjudicative Committee agreed with the Stewards and assessed the breach as mid-level.
The Penalty Guide provides for a 4-day suspension as a starting point for second and subsequent breach of this Rule.
After taking all factors into consideration including Miss O’Sullivan’s status as an Australian Junior Driver, her frank admission of the breach and her penalty record of two previous breaches in Australia, this Adjudicative Committee agreed with Mr Renault and determined that a 3 day suspension was an appropriate penalty in this case.
Conclusion:
The Respondent is granted a deferment until after racing on 16 April 2023. Miss O’Sullivan is suspended from the conclusion of racing on 16 April 2023 up to and including 23 April 2023.
Decision Date: 10/04/2023
Publish Date: 13/04/2023