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Canterbury JC 12 September 2020 - R 6 - Chair, Mr R McKenzie

Created on 14 September 2020

Rules:
638(3)(b)(ii)
Committee:
RMcKenzie (chair)
Name(s):
C A Campbell
Licensed Apprentice Jockey (Class B)
D M Walsh
Apprentice Jockey Mentor
Informant
J P Oatham
Chief Stipendiary Steward
Information Number
A12832
Plea:
Admitted
Charge:
Excessive Use of the Whip
Evidence:

Following the running of Race 6, Pryde’s Easifeed 1600 Rating 94, an information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr C A Campbell, alleging that Mr Campbell as the rider of SPLENDIOR in the race, “struck his mount 8 times prior to the 100 metres”.

Mr Campbell was present at the hearing of the information. He indicated that he understood the charge and that he admitted the breach. He was assisted at the hearing by Apprentice Jockey Mentor, Mr D M Walsh.

Rule 638 provides as follows:

(3) A Rider shall not:

    (b) strike a horse with a whip in a manner or to an extent which is:

         (ii) excessive

The Guidelines regarding “Acceptable Use of the Whip” provide as follows:

Without affecting the generality of Rule 638 (3) (b), a rider may be penalised if their whip use is outside of the following guidelines:

Prior to the 100-metres mark in a race, official trial or jump out:

(i) The whip should not be used on more than 5 occasions.

Mr Oatham showed a video replay of the final 400 metres of the race. He pointed out SPLENDIOR, ridden by Mr Campbell, in 2nd position behind the leader CAMINO ROCOSO (J R Lowry) as the field turned into the home straight. Shortly thereafter, Mr Campbell improved to the outside of the leader. Mr Campbell commenced using his whip and, from that point, he struck his mount on a clear 8 occasions prior to the 100 metres, Mr Oatham said. The Committee noted 8 clear strikes. The horse had continued to lay in for Mr Campbell and he had to keep straightening it. As a result, the strikes were broken up, Mr Oatham said. Mr Oatham pointed out that Mr Campbell had gone on to win the race.

Mr Campbell accepted the alleged number of 8 strikes. He said that he had started using the whip too early in the straight. The leader has stopped quickly and he found himself in front and had lost count, he said.

Mr Walsh agreed that Mr Campbell’s mistake had been using his whip too early in the straight. The leader had “kicked” at that point and Mr Campbell felt he had to chase it, but then found himself in front and risked getting run down. The circumstances were unfortunate, Mr Walsh submitted. 

Decision:

Mr Campbell has admitted the breach and, accordingly, the charge is found proved.

Submission For Penalty:

Mr Oatham said that Mr Campbell has one previous charge on his record in the last 12 months – on 21 March 2020 at Riccarton (fined $350 for 9 strikes prior to the 100 metres). The present breach is, therefore, Mr Campbell’s second breach and, in line with the Penalty Guide, Stewards were submitting for a fine of $500, a fine being the appropriate penalty, Mr Oatham said.

Mr Campbell said that he was aware that the penalty for a second breach within 12 months is a fine of $500.

Reasons For Penalty:

Mr Campbell has been charged, and has admitted, that he struck his mount 8 times prior to the 100 metres, in excess of the 5 strikes permitted under the guidelines with respect to acceptable use of the whip. The Committee is satisfied that there were 8 clear strikes.

Mr Campbell has a previous breach of the rule on his record, in March of this year. The present breach is, therefore, his second. The guidelines prescribe a penalty of a $500 fine for a second breach of the rule.

There are no relevant aggravating or mitigating factors to be considered. The Committee did give consideration to Mr Campbell’s winning the race as being a possible aggravating factor. However, there was merit in the explanation given by Mr Campbell and Mr Walsh. Furthermore, from the Committee’s viewing of the race to the finishing line, and considering the winning margin of a half-length at the finish, it could not be said with any amount of conviction that the three additional strikes prior to the 100 metres, in fact, gave Mr Campbell’s mount any advantage. 

Penalty:

Mr Campbell is fined the sum of $500.

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