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Hawke's Bay RI 14 December 2017 - R 8 - Chair, Mrs N Moffatt

Created on 18 December 2017

Rules:
638(3)(b)(ii)
Committee:
NMoffatt (chair)
TCastles
Name(s):
Mr D Turner - Licensed Rider
Mr D Balcombe - Stipendiary Steward
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
A8795
Plea:
Admitted
Charge:
Excessive use of whip
Evidence:

Following Race 8, InterIslander Summer Festival New Years Day 1400, Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638(3)(b)(ii) in that jockey D Turner use his whip excessively prior to the 100m without the necessary respite.

Rule 638(3) (b) (ii) provides: A Rider shall not:
(ii) strike a horse with a whip in a manner or to an extent which is excessive

The “Guidelines with Respect to Acceptable Use of the Whip” provide:
Without affecting the generality of Rule 638(3) (b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any 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.

Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr Goodwin had Mr Balcombe demonstrate the breach using the head and side-on videos. He showed Mr Turner strike his horse a total of 11 times with approximately four strides respite between each occasion.

Mr Turner agreed with the Stewards’ calculation.

Decision:

As Mr Turner admitted the breach the charge was found to be proved.

Submission For Penalty:

Mr Goodwin said Mr Turner had been fined $300 for a previous breach of the same rule on August 19th this year. He submitted that a fine in line with a second breach was appropriate.

Reasons For Penalty:

The Committee had regard to all submissions.

The updated starting points for breaches of Rule 638(3) (b) (ii) are:
1st breach - $300
2nd breach - $500
3rd or subsequent breach 6-8 national riding day suspension

Mr Turner is facing his 2nd breach since August 2017. We placed the breach below midrange in that Mr Turner was only just outside of the guidelines with his whip use. The guidelines require a minimum of five strides respite and Mr Turner only ceased for four strides. His whip use was perhaps highlighted by the fact that he was in front of the field.

We did not identify any aggravating factors that might require an uplift on the starting point.

Penalty:

Accordingly Mr Turner is fined the sum of $500.

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