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Avondale JC 25 April 2017 - R 6 - Chair, Mr A Dooley

Created on 27 April 2017

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
NMcCutcheon
Name(s):
Ms T Wenn - Apprentice Jockey
Mr S Wenn - Trainer assisting Miss Wenn
Mr A Coles - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A8543
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 6, Jones & Co Lawyers 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii).The Informant, Mr Williamson, alleged that Ms Wenn used the whip in an excessive manner prior to the 200 metres when riding SONOROUS.

Ms Wenn acknowledged that she understood the Rule and confirmed her admission of the breach.

Mr S Wenn assisted Ms Wenn 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 for Use of Whip provide:

Once a horse enters the final straight it can be hit with the drawn whip up to six times and then the rider should ride hands and heels for six strides before hitting the horse again with the drawn whip and continue this action until the 200 metres.

Mr Coles demonstrated the incident using the available video footage. He identified Ms Wenn and showed where from entering the final straight up to the 200 metres she struck her mount 11 times. He said Ms Wenn failed to give her mount the required 6 strides respite.

Ms Wenn had nothing to add.

Decision:

As Ms Wenn admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Williamson produced Ms Wenn’s record which showed 1 previous breach under this Rule in the last 12 months. He said this was on 5/10/16 which incurred a $300 fine. He said that Ms Wenn was outside the 6 month reset period and stated the strikes were not forceful. He submitted that the breach was low range and a monetary penalty should be imposed.

Mr Wenn said the breach was low and the penalty should reflect that.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. The Committee informed Ms Wenn that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension.

There were several mitigating factors in this case which included Ms Wenn’s admission of the breach and her clear record under this Rule in the last 6 months. The Committee assess the number of strikes (11) was low to mid – range and the severity of strikes was low.

After taking into account all the above factors the Committee considered that a $200 discount was warranted on this occasion.

Penalty:

Accordingly, Ms Wenn was fined $300.

In conclusion the Committee advised Ms Wenn with respect to excessive use of the whip where the rider is a repeat offender, a separate starting point is recommended for a 2nd plus breach (within a period of 6 months) of a 3 – 5 riding day suspension.

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