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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):
Mr S Wenn - Class E Rider
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A09686
Plea:
Admitted
Charge:
Excessive use of the whip
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 Mr Wenn used the whip excessively prior to the 100 metres when riding KEEPELLA HEIGHTS.

Mr Wenn 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.

Mr Oatham demonstrated the incident using the available video footage. He identified Mr Wenn and showed that he used his whip on 12 occasions prior to the 100 metres. He said the strikes were not forceful and there were pauses but not for the minimum 5 strides.

Mr Wenn accepted that he used his whip on 12 occasions prior to the 100 metres. He added the strikes were “backhanders”.

Decision:

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

Submission For Penalty:

Mr Jones said that Mr Wenn had a clear record under this Rule and he admitted the breach. He said the breach was in the low range and there was no force used.

Mr Wenn asked the Committee for as low as possible fine.

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 video footage showed that the strikes were not forceful or continuous.

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

Penalty:

Accordingly, Mr Wenn was fined $250.

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