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Manawatu RC 31 March 2018 - R 5 - Chair, Mrs N Moffatt

Created on 02 April 2018

Rules:
638(3)(b)(ii)
Committee:
NMoffatt (chair)
NMcCutcheon
Name(s):
Mr L Innes - Licensed Rider
Mr N Goodwin – Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A8826
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Following Race 5 (The Oaks Stud/Hong Kong Jockey Club Trophy Premier), Mr Oatham lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that jockey L Innes used his whip excessively prior to the 100m without the necessary respite.

A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive

The “Guidelines with Respect to Acceptable Use of the Whip” provide:
Without affecting the generality of Rule 638(3) (b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr Oatham had Mr Goodwin demonstrate the breach using the head-on video. He counted Mr Innes’ whip use to be 8 strikes in succession prior to the 100m.

Mr Innes agreed that was an accurate calculation.

Decision:

As Mr Innes admitted the breach the charge was found to be proved.

Submission For Penalty:

Mr Oatham produced Mr Innes’ record under the whip rule over the last 12 months.

1/1/18 - $500 (12 strikes)
19/12/17 - $350 (13 strikes)

He described the severity of the breach as sitting at the low end of the scale and submitted that a suspension be imposed in line with the Penalty Guide.

Mr Innes said he doesn’t normally go over the whip guidelines but this was his first time riding on the new track at Awapuni and he simply made a mistake with the position of the 100m mark.

He said that since he would likely be missing a premier day on Saturday April 7th would the Committee consider combining a suspension with a modest fine to allow him to ride at the Counties meeting on Sunday April 8th? He has no commitments past Monday April 2nd.

Mr Oatham helpfully advised the Committee that Waipa (Wednesday April 11th) was an apprentice-only day.

Reasons For Penalty:

The updated starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days

Mr Innes struck his mount approximately 8 times without the required respite. The Committee was satisfied that this sat at the low end of excessive whip use. We considered Mr Innes’ request to substitute suspended days for a monetary penalty but did not believe it appropriate on this occasion, or fair and consistent to other riders. Taking into account that this was Mr Innes’ third breach since December 2017 and our opinion that it sat in the low range we considered a 6 day suspension an appropriate penalty.

Penalty:

Accordingly Mr Innes is suspended from the close of racing on Monday April 2nd up to and including racing on Thursday April 12th.

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