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Riccarton TC 6 April 2019 - R 4 - Chair, Mr R McKenzie

Created on 09 April 2019

Rules:
638(3)(b)(ii)
Committee:
RMcKenzie (chair)
SChing
Name(s):
C A Campbell
Licensed Apprentice Jockey (Class B)
M R Davidson
Stipendiary Steward
Mr D M Walsh - Apprentice Jockey Mentor
Informant
J M McLaughlin
Stipendiary Steward
Information Number
A3241
Plea:
Admitted
Charge:
Excessive Use of Whip
Evidence:

Following the running of Race 4, Teltrac Communications Rating 72, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr C A Campbell, alleging that Mr Campbell, as the rider of TONY TWO CHIPS in the race, used his whip excessively.

Mr Campbell was present at the hearing of the information and he indicated 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 with respect to acceptable use of the whip provide:

Inside the final 600 metres of a race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.

Mr McLaughlin had Stipendiary Steward, Mr M R Davidson, show video replays of the final stages of the race. Mr Davidson pointed out TONY TWO CHIPS, ridden by Mr Campbell, racing in mid-field and the widest runner on the track passing the 400 metres. Mr Davidson alleged that Mr Campbell had thereafter used his whip for 10 strikes with two breaks of 2-3 strides.

Mr Campbell said that he accepted the Stewards’ allegation. However, he submitted, he had not used the whip excessively, but he admitted that he had not pushed for the required five strides. He had not struck the horse hard but was just “flicking” him, he said. Mr Walsh said that he had recently discussed with Mr Campbell his use of the whip and the need to break up the backhanders with taps on the shoulder. With backhanders, it is too easy to keep using the whip, he said.

Mr McLaughlin indicated that Stewards were not alleging any undue force and the breach was low-end. 

Decision:

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

Submission For Penalty:

Mr McLaughlin said that Mr Campbell’s record showed two breaches of the Rule in the last 12 months – on 1 January 2019 at Waikouaiti (5 days, 8 strikes prior to the 100 metres, low-end) and on 3 April 2019 at Timaru ($500 fine). Mr McLaughlin confirmed that Stewards saw the breach as being low-end. He submitted that a 6-days suspension would be an appropriate penalty.

Mr McLaughlin informed the Committee that Mr Campbell starts a term of suspension of 5 days up to and including 13 April 2019 after this meeting. Any term of suspension for this breach should commence from 14 April, Mr McLaughlin said.

Mr Walsh said that, prior to the recent breach on 3 April last Mr Campbells’ record was a very good one with only one breach in the past 12 months. He submitted that the breach was low-end.

Reasons For Penalty:

The Committee took the starting point for penalty of a 6-8 national riding days suspension for a third and subsequent breach. It was submitted to us that this breach was low-end and we agree. The whip use was broken up on two occasions There are no aggravating factors. We have taken a starting point of 6 days and there are no mitigating factors to be considered.

Penalty:

Mr Campbell’s Apprentice Jockey’s licence (Class B) is suspended for a period to commence on 14 April 2019 up to 25 April 2019 (both days inclusive) – 6 national riding days.

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