Hawke's Bay RI 1 January 2021 - R 5 - Chair, Mrs N Moffatt

Created on 03 January 2021

Rules:

638(3(b)(ii)

Committee:

NMoffatt (chair)
BMainwaring

Name(s):

Ms E McCall - Apprentice Rider
Ms K Clapperton - Apprentice Riding Mentor assisting Ms McCall

Informant

Mr N Goodwin - Senior Stipendiary Steward

Information Number

A14113

Plea:

Admitted

Charge:

Excessive use of the Whip

Evidence:

Following Race 5, Stipendiary Steward Mr N Goodwin lodged an Information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that Eilish McCall used her whip excessively in the home straight.

At the outset of the hearing, Ms McCall confirmed she understood the Rule and she admitted the breach.

Mr Goodwin used videos from the top of the straight to identify Ms McCall riding in the Peter Lock colours up against the rail. She initially slapped her mount a couple of times, which the Stewards said they had no problem with, but then commenced to strike her horse 8 times before the 100m mark.

Ms McCall agreed with Mr Goodwin’s description of the breach.

Decision:

Ms McCall admitted the breach therefore the charge was deemed proved.

Submission For Penalty:

Mr Goodwin said this was the second breach of the Whip Rule for Ms McCall over the last 12 months. In November 2020 she was fined $300 at Auckland for hitting her mount 8 times.

In response to a question from the Committee Mr Goodwin said the Stewards considered the fact she won the race today an aggravating factor.

Ms McCall explained that she has been working hard on using the whip within the Guidelines but today got a bit excited and just forgot to put her hands back on the reins.

Ms Clapperton said the films spoke for themselves and had nothing to add.

Reasons For Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3)(b)(ii):
1st breach - $300
2nd breach - $500
3rd breach - $2000 + 2 day suspension
4th breach - 5 day suspension

The Committee considered all submissions. We took ito account the number of strikes and the manner in which Ms McCall used the whip, neither of which, in our opinion, required an uplift in penalty. Ms McCall however won the race by a head margin. It is not possible to say that she only won by hitting her horse over the permitted number of strikes but the riders who placed behind her all rode within the Whip Guidelines. These Guidelines are well-recognised and Ms McCall, although still an Apprentice, is not an inexperienced rider. While it is not automatic to apply an uplift to the starting point when a rider wins the race, on this occasion it was the Committee’s opinion that it was appropriate.

Penalty:

Accordingly, Ms McCall is fined the sum of $650.

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