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Otago RC 2 December 2018 - R 1 - Chair, Prof G Hall

Created on 07 December 2018

Rules:
638(3)(b)(ii)
Committee:
GHall (chair)
MConway
Name(s):
Ms B Grylls - Class A Jockey
Mr J McLaughlin - Stipendiary Steward
Informant
Mr M Davidson - Stipendiary Steward
Information Number
A8633
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Mr Davidson alleged that Ms Grylls (EL BEE JACK) in race 1, the OTAGO FARM MACHINERY MAIDEN 1400 used her whip excessively prior to the 100 metres.

Rule 638(3)(b)(ii) provides: “A Rider shall not 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 r 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 Davidson demonstrated the breach using the videos. He pointed out there were nine or 10 strikes before the 100 metres. There was no clear break for five strides. He added there was no respite. While the strikes were not every stride, the last three were continuous.

Ms Grylls also emphasised that the strikes were not every stride. She said her horse had run on better than she had thought he was going to and she was trying to get the best out of him and had breached the rule in so doing.

Decision:

As Ms Grylls has admitted the breach, we find the breach proved.

Submission For Penalty:

Mr Davidson produced the respondent’s record, which evidenced no previous breaches of this rule since Ms Grylls returned to New Zealand. It was established that she had come back from Queensland in July. Mr Davidson described this as an excellent record.

Ms Grylls accepted Mr Davidson’s submission.

Reasons For Penalty:

The starting point for a first breach of r 638(3)(b)(ii) is a fine of $300.

The respondent has ridden here for 5 months and has not previously breached the rule. There are nine or 10 strikes with no clear break for five strides. The starting point in the Penalty Guide is a $300 fine. There are no aggravating factors. Admission of the breach does not merit a discount for Ms Grylls in this context.

Penalty:

Ms Grylls is fined the sum of $300.

 

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