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Matamata RC 28 August 2019 - R 6 - Chair, Mr A Dooley

Created on 29 August 2019

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
AGodsalve
Name(s):
R Elliot - Class A Rider
Mr M Williamson - Senior Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A09688
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 6, Hi Jinx 1400, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr Elliot used the whip excessively when riding GARNET with the whip above shoulder height.

Mr Elliot said that he understood the Rule and confirmed he admitted the breach.

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” provides:

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.

Notwithstanding the above, it will also be deemed to be unacceptable where a rider uses the drawn whip:

• using the whip with the arm above shoulder height.

Mr Williamson demonstrated the incident using the available video footage. He identified Mr Elliot and showed that he used his whip on 7 occasions prior to the 100 metres. He said on 4 occasions the whip was raised above shoulder height. In conclusion he said the strikes were well spaced.

Mr Elliot said he accepted Mr Williamson’s interpretation of the incident and had nothing to add.

Decision:

As Mr Elliot admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Jones said that Mr Elliot had a clear record under this Rule and referred to the JCA Penalty Guide which provides a starting point of a $300 fine. He said the total number of strikes was in the low range but the Stewards' main concern was Mr Elliot's whip was raised above shoulder height.

Mr Elliot made no submissions on penalty.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which we adopted. This fine includes admission of the breach and a clear record.

When reviewing the video footage the Committee observed that the total number of strikes (7) prior to the 100 metres was in the low range. However, the manner in which Mr Elliot used his whip was of concern to the Committee. The use of the whip was clearly above shoulder height which is a breach of the Whip Guidelines and the force applied was in the high range. We deemed these to be aggravating factors which warranted an uplift of $100.

After taking into account all the above factors the Committee considered that a $400 fine would be an appropriate penalty.

Penalty:

Accordingly, Mr Elliot was fined $400.

In conclusion the Committee advised Mr Elliot the starting points for a 2nd and 3rd breach under this Rule.

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