Rangiora HRC 30 April 2023 – R5 – Shannon O’Sullivan

BACKGROUND:

Following the running of Race 5, Russell Stalker and Warner Donald Mobile Pace (Junior Drivers), Junior Driver, Shannon O’Sullivan, as the Driver of ARDEN’S DELIGHT in the race, denied a charge of using her whip in more than a wrist flicking motion in the run home.

The Respondent was assisted at the hearing by Open Driver, John Dunn.

Rule 869 provides:

(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.

The Whip and Rein Regulations provide:

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.

EVIDENCE:

Stipendiary Steward, Paul Williams, showed a video replay of the final stages of the race. He pointed out ARDEN’S DELIGHT, driven by the Respondent, in the trail behind the leader, MILLWOOD INDIE, as the field turned into the final straight. It was alleged by Stewards that the Respondent, after taking the passing lane, had used her whip in more than a wrist only flicking motion on six occasions in the run home, Mr Williams said. He pointed out a break in the Respondent’s whip use following the first three of those strikes.

Mr Dunn submitted that there was no “elbow action”. The Respondent was also in a long sulky and the whip did not even reach the horse. Neither were the strikes forceful, he submitted. He also submitted that the Respondent wearing gloves made the breach look worse.

The Respondent submitted that she had not engaged her shoulder and had kept her arm straight. She had not been too aggressive and had tried to break up her whip use, she said. She suggested that the video replays did not show her whip use.

DECISION:

The charge is found proved.

SUBMISSIONS FOR PENALTY:

Mr Williams said that the Respondent is a Junior Driver who has come over from Australia to work for the Dunn stable for a short period. Prior to today, she has had 3 drives here. At the meeting of Banks Peninsula TC meeting on 10 April 2023, she had received a 3-days suspension for using her whip in more than a wrist only flicking motion.

Mr Williams said that there were six offending strikes, and there was some force with them. The Penalty Guide starting point for a second breach is a 3-days suspension for a low-level breach, he said, but Stewards believed that this breach was “on the cusp” of mid-range.  Having regard to the force of the strikes, Stewards believed that a 4-days suspension would be an appropriate penalty, Mr Williams said.

Mr Dunn pointed out that it was difficult for the Respondent coming from Australia to adjust to this country’s Whip Rules and Guidelines. She has not had a lot of drives to enable her to adjust. She had not struck the horse all the way up the straight, he said, and he disputed that the strikes were forceful.

REASONS FOR PENALTY:

The Adjudicative Committee noted that the RIB Harness Racing Penalty Guide (February 2023) suggests a starting point for penalty for a mid-level second breach of a 4-days suspension. The Adjudicative Committee elects to impose a 3-days suspension, taking into account the Respondent’s status as a Junior Driver and the fact that she is soon to return to Australia, and it would be a pity to deprive her of too many driving opportunities while she is here. She is clearly struggling with this country’s Whip Regulations.

The Adjudicative Committee noted that the Respondent was given a discount of 1 day by the Adjudicative Committee at the Banks Peninsula meeting from a starting point of 4 days. This Adjudicative Committee intends to give a similar discount for this breach.

Finally, the Adjudicative Committee understands that the Respondent may have breaches on her record in Australia, but it is recorded that the Adjudicative Committee does not take those into account in fixing penalty.

CONCLUSION:

The Respondent, Junior Driver, Shannon O’Sullivan, is suspended from after the close of racing today up to and including 12 May 2023 – 3 days.