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Canterbury R 30 January 2016 - R 9 - Chair, Mr R McKenzie

Created on 03 February 2016

Rules:
638(3)(b)(ii)
Committee:
RMcKenzie (chair)
DAnderson
Name(s):
M K L Chui
Licensed Jockey (Class A)
Mr M R Davidson - Stipendiary Steward
Informant
J P Oatham
Stipendiary Steward
Information Number
A6369
Plea:
Admitted
Charge:
Excessive Use of Whip
Evidence:

Following the running of Race 9, Lindauer Rating 65, an information was filed by Stipendiary Steward, Mr J P Oatham, against Licensed Jockey (Class A), Mr M K L Chui, alleging that Mr Chui, as the rider of NIGHT NURSE in the race, “used his whip excessively on his mount, NIGHT NURSE, prior to the 200 metres”.

Mr Chui had signed the Statement by the Respondent on the information indicating that he admitted the breach and had signed and endorsed on the information form “I do not wish to appear”.

Rule 638 provides as follows:

(3) A Rider shall not:

    (b) strike a horse with a whip in a manner or to an extent which is:

        (ii) excessive.

Mr Oatham had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 400 metres of the race. He pointed out NIGHT NURSE, ridden by Mr Murray, improving wide out as the field entered the home straight. Mr Davidson pointed out Mr Chui draw his whip and then, prior to the 200 metres, use his whip on some 11-12 occasions before going back to the whip rein. The Committee noted that NIGHT NURSE went on to win the race.

Decision:

Mr Chui having admitted the charge, the charge was found proved.

Submission For Penalty:

Mr Oatham said that Mr Chui had a clear record under the Rule. He has been riding in New Zealand since the 2013/2014 season. He has been based in the North Island for most of the time, where his opportunities have been rather limited. He has been trying his luck recently in the South Island, with some success, Mr Oatham said.

Mr Oatham submitted that the Committee should take Mr Chui’s good record and admission of the breach into account, but submitted that it was an aggravating factor that Mr Chui’s mount, NIGHT NURSE, had gone on to win the race, possibly gaining an unfair advantage.

Mr Oatham referred to the fine of $250 imposed on Apprentice Jockey, B M Murray, earlier in the day and submitted that the fine for this breach should be higher than that for that aggravating factor. The number of strikes was not the highest, however, Mr Oatham said.

Reasons For Penalty:

The Committee noted that the starting point for penalty under the Penalty Guide is a $500 fine or a 2 days’ suspension. A suspension was not appropriate in this instance. Factors that the Committee took into account in deciding the quantum of fine were, as an aggravating factor, the fact that Mr Chui won the race and, as mitigating factors, Mr Chui’s admission of the breach and his good record. Weighing those factors, the Committee determined that a fine of $300 was appropriate.

Penalty:

Mr Chui was fined the sum of $300.

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