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Hawkes Bay RI 11 December 2019 - R 1 - Chair, Mrs N Moffatt

Created on 13 December 2019

Rules:
638(3)(b)(ii)
Committee:
NMoffatt (chair)
TCastles
Name(s):
Mr S McKay - Class A Rider
Mr N Goodwin – Stipendiary Steward
Informant
Mr D Balcombe - Stipendiary Steward
Information Number
A11629
Plea:
Admitted
Charge:
Excessive Use of the Whip
Evidence:

Following Race 1, Mr Balcombe lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that S McKay used his whip excessively prior to the 100m.

At the outset of the hearing, Mr McKay confirmed that he understood the Rule and that he admitted the breach.

Mr Balcombe showed on the video where Mr McKay struck his mount a total of 8 times before the 100m mark. He was three over the guidelines but the strikes were not consecutive. Mr McKay was satisfied with the stewards’ description of the breach.

Decision:

As Mr McKay admitted the breach, the charge was deemed proved.

Submission For Penalty:

This is Mr McKay’s second breach of the whip rule since all riders’ records were reset with the implementation of the new guidelines on October 7th 2019. In November he was fined the sum of $750 for an excessive whip charge in a Group 2 race. Mr Balcombe said today’s breach was at the low end of the scale and his submission was for a penalty aligned with the Judicial guidelines.

Mr McKay said he simply misjudged the number of strikes.

Reasons For Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach $300

2nd breach $500

3rd breach suspension

The Committee considered the breach low end. Mr McKay’s whip use was not continuous, and a few were described as “flicks” down the shoulder. The starting point for a 2nd breach is $500, and the Committee deemed this to be an appropriate penalty today.

Penalty:

Accordingly, Mr McKay is fined the sum of $500.

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