Geraldine TC 24 April 2022 – R2 – Daniel Reardon

BACKGROUND:

Following the running of Race 2, BC Stockfeeds Mobile Pace, the Respondent admitted a breach of Whip Rule 869(2). The particulars of the charge are that, as the Driver of WEONA REACTOR in the race, he used his whip in more than a wrist only flicking motion in the run home.

Rule 869 provides that:

(2)  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.

EVIDENCE:

Stipendiary Steward, Vinnie Munro, used available video footage to demonstrate the breach. He pointed to WEONA REACTOR, driven by the Respondent, the last runner in the field as the field turned into the final straight. From a point shortly thereafter, Stewards alleged, the Respondent used his whip in more than a wrist only flicking motion in the early stages of the run home, compliant in the middle stages before reverting to more than a wrist only flicking motion and then compliant over the final stages. Mr Reardon had used his elbow several times. Being a big person it probably looks worse, Mr Munro said.

The Respondent said that his size does accentuate it. His posture did not suit that particular sulky, he said. He only drives once in a while.

DECISION:

The charge is admitted and therefore proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Mr Munro, said that the Respondent is an Owner, Trainer, Driver who does not drive frequently. He has had 3 drives this season and last season 1 drive. He was warned at Methven two drives ago and hence has been charged on this occasion. Stewards saw the breach as being low-level, Mr Munro said. In terms of the Penalty Guide, the starting point would be a $200 fine.

The Respondent asked if the Adjudicative Committee would consider a suspension rather than a fine. Mr Munro said that if the Adjudicative Committee were impose a suspension then a 2-weeks suspension would be appropriate.

REASONS FOR PENALTY:

The Adjudicative Committee considered that the breach was medium-level – when a Driver inadvertently reverts to the old style (freehand, loose reining and/or more than a wrist only flicking motion) and continues to drive in this manner for some distance (50 metres) before taking corrective steps to return to a compliant style of driving.

For a medium-level breach, the HRNZ Whip Penalty Guide suggests a starting point of either a fine ($500) or short period of suspension (2 days).

The Adjudicative Committee imposes a period of suspension. Rather than 2 days, as per the Penalty Guide, a more meaningful suspension is called for given the infrequency with which the Respondent drives. Two weeks is appropriate in this regard, being 4 days.

CONCLUSION:

The Respondent, Graduation Driver Daniel Reardon, is suspended for a period of 2 weeks commencing from after the close of racing on 24 April 2022, up to and including 8 May 2022.