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R Tauranga 25 October 2019 - R 7 - Chair, Mr A Dooley

Created on 29 October 2019

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
Name(s):
Mr M McNab - Class A Rider
Mr M Williamson - Senior Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A12902
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 7, Team Pryor Sotheby’s 1200, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Mr McNab used his whip excessively prior to the 100 metres when riding GOOD LUCK CHARM.

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

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.

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:

Prior to the 100-metre mark in a race, official trial or jump out:

(i) The whip should not be used on more than 5 occasions.

Mr Williamson demonstrated the incident using the available video footage. He identified Mr McNab racing outside the leader and showed that he struck his mount 7 times prior to the 100 metres. He said there was no great force applied.

Mr McNab said that he misjudged the number of strikes and the 100 metre mark.

Decision:

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

Submission For Penalty:

Mr Jones told the Committee that the new Whip Guidelines had been effective since 7 October 2019 and all riders' penalty records under this Rule were reset. He submitted that this was a low end breach and a $300 fine would be an appropriate penalty.

Mr McNab accepted that a momentary penalty would be imposed.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

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

The Committee notes that GOOD LUCK CHARM finished in 3rd place and Mr McNab was 2 strikes over the limit.

Penalty:

Accordingly, Mr McNab was fined $300.

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