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Waikato RC 29 May 2019 - R 3 - Chair, Mr A Dooley

Created on 29 May 2019

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
Name(s):
Mr S O'Malley - Class B & D Rider
Mr N Harris - Apprentice Jockey Mentor
Informant
Mr B Jones - Stipendiary Steward
Information Number
A09684
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 3, Allied Security 2000, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr O’Malley used his whip excessively on his mount FIGEAMEOUT prior to the 100 metres.

Mr O’Malley said that he understood the Rule and confirmed he admitted the breach.

Mr Harris assisted Mr O’Malley 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 With Respect to Acceptable Use of the Whip” provides:

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 Jones demonstrated the incident using the available video footage. He identified Mr O’Malley and showed that he struck his mount 7 times early in the home straight, then he gave his mount the required respite. However, Mr O’Malley then reverted back to using his whip 9 times without the required respite prior to the 100 metres.

Mr O’Malley accepted Mr Jones’ interpretation of the incident.

Mr Harris said that Mr O’Malley was a polished rider who needs to learn to slow down his whip action.

Decision:

As Mr O’Malley admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Jones said that Mr O’Malley had a clear record under this Rule and submitted that a $300 fine would be appropriate.

Mr O’Malley and Mr Harris made no submissions on penalty.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine. This fine includes admission of the breach and a clear record.

The Committee observed that the strikes were not continuous or forceful.

FIGEAMEOUT finished in 4th place.

There were no aggravating factors that warranted an uplift in penalty.

Penalty:

Accordingly, Mr O’Malley was fined $300.

In conclusion the Committee advised Mr O’Malley the starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.

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