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Auckland RC 7 September 2019 - R 8 - Chair, Mr A Dooley

Created on 09 September 2019

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
ASmith
Name(s):
Mr M Gillies - Class D Rider
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12803
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 8, Network Visuals Great Northern Steeplechase (Prestige Jumping Race), an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Gillies used the whip excessively prior to the 100 metres when riding CRASH BANDICOOT.

Mr Gillies said that he understood the Rule and confirmed that he admitted the breach.

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 Oatham demonstrated the incident using the available video footage. He identified Mr Gillies and showed that he hit his mount 9 times prior to the 100 metres. He said there were breaks but not for the minimum 5 strides.

Mr Gillies said that he accepted the number of strikes and apologised for breaching the Rule.

Decision:

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

Submission For Penalty:

Mr Oatham said that Mr Gillies had a clear record under this Rule. He referred to the JCA Penalty Guide which provides a $300 fine as the starting point for a 1st breach of this Rule.

Mr Gillies accepted that a monetary penalty would be imposed.

Reasons For Penalty:

The Committee was satisfied that Mr Gillies used his whip on 9 occasions prior to the 100 metres. There were some breaks but not for the minimum 5 strides.

The JCA Penalty Guide starting point for a 1st breach of this Rule is a $300 fine which was adopted. This fine includes admission of the breach and a clear record.

Under the provisions of Rule 920(2) the aggravating factors were the breach occurred in a Prestige Jumping Race with $125,000 stakes payable. These collective factors warranted a $100 uplift in penalty.

Penalty:

Accordingly, Mr Gillies was fined $400.

In conclusion Mr Gillies was advised by the Committee the starting points for a 2nd and 3rd breach of this Rule within 12 months.

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