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Avondale JC 12 July 2017 - R 5 - Chair, Mr A Dooley

Created on 12 July 2017

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
Name(s):
Mr D Danis - Apprentice Rider
Mr N Harris - Apprentice Jockey Mentor
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A9463
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 5, Rosebank 2000, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Williamson, alleged that Mr Danis used the whip excessively on his mount SAKHEE’S STAR.

Mr Danis acknowledged that he understood the Rule and confirmed his admission of the breach. Mr N Harris assisted Mr Danis at the hearing.

Rule 638(3)(b)(ii) provides: A Rider shall not:

(ii) strike a horse with a whip in a manner or to an extent which is excessive

The Guidelines for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.

Mr Oatham used the available video footage to demonstrate the incident. He identified that Mr Danis struck his mount 12 times prior to the 200 metres.

Mr Danis acknowledged that he struck his mount 12 times prior to the 200 metres. He said that his mount was responding well when the whip was applied and “got a bit excited” as he thought he may win the race.

Mr Harris said that he was reminding all the Apprentices of their obligation under this Rule. He said that the strikes on this occasions were not as aggressive as his recent breach on 17/6/2017.

Decision:

As Mr Danis admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Williamson said that Mr Danis breached this Rule on 17/ 6/2017 when he struck his mount 12 times and incurred a $350 fine. He submitted a suspension in the vicinity of 2 days.

Mr Danis advised that he had engagements at Te Rapa on 15 July and any proposed suspension could start after that date. He and Mr Harris had nothing to add regarding penalty.

In response to a question from the Committee, Mr Oatham advised that Mr Danis had only ridden once this year in the Central Districts on an Industry day. Therefore Mr Danis accepted that 20 July at Hastings would not be included in his penalty.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

The Committee reminded Mr Danis that with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.

There were no aggravating facts.

The mitigating factors were Mr Danis’ admission of the breach and the force of the strikes were low to mid-range.

The quantity of strikes were in the low to mid – range.

The Committee note that SAKHEE’S STAR finished in 2nd place.

After taking into account all the above factors the Committee considered that a 2 day suspension would be an appropriate penalty.

Penalty:

Accordingly, Mr Danis had his license to ride in races suspended for a period to commence after racing on 15 July and conclude after racing on 22 July 2017 (2 days).

That period of suspension encompasses meetings at

21 July – Te Aroha

22 July – Whangarei 

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