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R Te Aroha 14 August 2019 - R 7 - Chair, Mr A Dooley

Created on 15 August 2019

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
Name(s):
Ms J McIlroy - Class E Rider
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A09687
Plea:
Admitted
Charge:
Excessive use of the whip on a horse out of contention
Evidence:

Following the running of race 7, Piako Mitsubishi Amateurs 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Jones, alleged that Ms McIlroy used the whip excessively on a horse out of contention when riding BARB DWYER.

Ms McIlroy said that she understood the Rule and confirmed she 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;

When a horse is out of contention
• When a horse is showing no response

Mr Oatham demonstrated the incident using the available video footage. He identified Ms McIlroy and showed that she used her whip on 15 occasions in the home straight. He said BARB DWYER was in last placing and it was not responding to the whip.

Ms McIlroy accepted that she used her whip on 15 occasions in the home straight when her mount was out of contention. She said BARB DWYER was a “bludger” and it was “sacked” after the race.

Decision:

As Ms McIlroy admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Jones said that Ms McIlroy had a clear record under this Rule in the last 12 months and she admitted the breach. He referred to the JCA Penalty Guide which provides a $300 starting point for a first breach of this Rule. He said there has been some discount applied in recent times for Amateur riders.

Ms McIlroy asked for a suspension instead of a fine because Amateur riders do not get paid. 

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. This fine includes admission of the breach and a clear record.

The JCA database showed that Mr Isdale, Mr Myers and Mr Frye all incurred a $250 fine for similar breaches after Committees took into account their Amateur rider status.

The Committee told Ms McIlroy that the manner in which she used the whip was unnecessary and unacceptable. It was evident that her mount was well out of contention and it was not responding to the whip in the final straight.

The Committee considered that it would be inappropriate to impose a suspension because of the limited riding opportunities available to Ms McIlroy.

After taking into account all the above factors and in the interest of consistency a $250 fine was deemed to be an appropriate penalty.

Penalty:

Accordingly, Ms McIlroy was fined $250.

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