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Avondale JC 5 October 2016 - R 8 - Chair, Mr A Dooley

Created on 06 October 2016

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
Name(s):
Ms T Wenn - Apprentice Rider
Mr N Harris - Apprentice Jockey Mentor
Mr B Jones - Stipendiary Steward
Informant
Mr M Williamson - Stipendiary Steward
Information Number
A8514
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Following the running of race 8, Goodwin Property Management 1600, 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 BRILLEAUX.

Ms Wenn acknowledged that she understood the Rule and confirmed her admission of the breach. Mr N Harris 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 Jones demonstrated the incident using the available video footage. He identified Ms Wenn and showed that she struck her mount 10 times prior to the 200 metres. He said the force used was at the low end and the number of strikes exceeded the whip guidelines.

Ms Wenn said that she agreed with Mr Jones' interpretation of the incident and had nothing further to add.

Mr Harris 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 no previous breach under this Rule in the last 12 months. He said Ms Wenn should be given credit for her admission of the breach and her clear record. He said the force of strikes was low end and submitted a fine of $300 would be appropriate and in line with a similar penalty from race 3 today.

Ms Wenn and Mr Harris made no submissions for penalty.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented. There were several mitigating factors in this case which included Ms Wenn’s admission of the breach and her excellent record under this Rule. The Committee assess the number of strikes (10) was low end and the severity of strikes was low end. When reviewing the video footage it was clear that Ms Wenn's strikes with the whip were light hits. The Committee acknowledge the frequency of strikes were not continuous and there were some pauses.

There were no aggravating factors.

The Committee did inform Ms Wenn that the Penalty Guide for Judicial Committees provides a starting point of a $500 fine or a two day suspension. However, this particular case clearly does not justify a suspension because it was at the low end of the scale.

After taking into account all the above the Committee granted Ms Wenn a $200 discount for the notable mitigating factors.

Penalty:

Accordingly, Ms Wenn was fined $300.

In conclusion the Committee advised Ms Wenn and Mr Harris 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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