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Canterbury R 21 March 2020 - R 6 - Chair, Mr S Ching

Created on 30 March 2020

Rules:
638(3)(b)(ii)
Committee:
SChing (chair)
DAnderson
Name(s):
Mr C Campbell - Licensed Jockey (Class A)
Mr M Davidson - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12815
Plea:
Admitted
Charge:
Excessive Use of the Whip
Evidence:

Following the running of Race 6, Seaton Family Memorial Hororata Gold Cup, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Mr C Campbell, alleging that, as the rider of DIORISSIMO in the race, he struck his mount about 9 times prior to the 100m.

Mr Campbell was present at the hearing of the information and had endorsed the information that the breach was admitted, which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.

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 with Respect to Acceptable Use of the Whip” provide as follows:

Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.

Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Campbell riding DIORISSIMO, racing 5 wide and midfield passing the 400m. He said that Mr Campbell drew the whip and used it on 9 occasions prior to the 100m. Mr Oatham stated that it was the sheer number of strikes prior to the 100m that brought about the charge. He said that Mr Campbell did not use the whip consecutively nor with a lot of force.

Mr Campbell stated that most of the strikes were back hand and low force.

Decision:

Mr Campbell having admitted the breach; the charge was found proved.

Submission For Penalty:

Mr Oatham told the Committee that Mr Campbell had a clear record in relation to this rule since the reset in October 2019, and this was his first offence. He said that the sheer number of strikes was a concern and the fact that Mr Campbell finished up in 2nd place was an aggravating factor. He submitted that a moderate uplift on the Penalty Guide starting point of a $300 fine be considered.

Reasons For Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first offence of this rule. We agreed with Mr Oatham that there were, to a degree, aggravating factors to consider, therefore a moderate uplift in penalty warranted. This uplift we set at $50.

We therefore determined that a fine of $350 was appropriate.

Penalty:

Accordingly, Mr Campbell is fined the sum of $350.

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