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Canterbury JC 27 June 2020 - R 11 - Chair, Mr S Ching

Created on 29 June 2020

Committee:
SChing (chair)
Name(s):
S Wynne-Licensed Jockey (Class A)
Mr D Wadley - Stipendiary Steward
Informant
J Oatham- Chief Stipendiary Steward
Information Number
A12819
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 11, the Racecourse Hotel & Motor Lodge Rating 62 Handicap, an information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Ms S Wynne, alleging that, as the rider of TAI HO in the race, she struck her mount excessively prior to the 100m.

Ms Wynne was present at the hearing of the information and had endorsed the information that the breach was admitted, which she confirmed. She also confirmed that she understood the rule she 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 D Wadley, gave evidence and showed video replays of the final 400 to 500 metres of the race. He pointed out Ms Wynne riding TAI HO, positioned wide on the track and in contention as the field entered the home straight. He said that Ms Wynne drew the whip and used it on 9 occasions prior to the 100m.

Ms Wynne did not dispute the number of strikes as submitted by the Stewards.

Decision:

Ms Wynne having admitted the breach; the charge was found proved.

Submission For Penalty:

Mr Oatham told the Committee that Ms Wynne had a previous breach of this rule being at Riccarton on 16 November 2019 in a Group 3 race, the New Zealand Cup, where she received a 10 National Day suspension for 13 strikes prior to the 100m. Mr Oatham stated that the JCA Penalty Guide provided a $500 fine for a second offence of this rule. He submitted there were no aggravating factors but mitigating to consider. Mr Oatham stated it was the first day back racing since the lockdown, today's racing conditions were difficult and the financial situation most riders found themselves in, were, in his opinion, mitigating factors to consider.

Ms Wynne stated in mitigation, that she had been struggling financially since Covid-19 had caused the lockdown and racing to be suspended. She added that there was not a lot of opportunity going forward, with reduced race dates, for her to earn a living similar to prior to lockdown.

Mr Oatham stated that the Stewards were not opposed to a discount in penalty due to Ms Wynne's circumstances and the lack of opportunity for riders with the reduced racing dates scheduled in the future.

Reasons For Penalty:

In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a $500 fine, for a second offence of this rule. We determined that there were mitigating factors to be considered as noted in Penalty submissions. We determined that due to the financial situation Ms Wynne found herself in, as a result of the Covid 19 lockdown, a discount for that mitigation was warranted in this particular case. This discount we set at a 20% reduction, being $100.

We therefore determined that a fine of $400 was appropriate in this case.

Penalty:

Accordingly, Ms Wynne is fined the sum of $400.

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