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R Te Aroha 24 June 2018 - R 9 - Chair, Mr A Smith

Created on 25 June 2018

Rules:
638(3)(b)(ii)
Committee:
ASmith (chair)
ADooley
Name(s):
Mr T Harris - Class A Rider
Mr D Balcome - Stipendiary Steward
Mr M Williamson - Senior Stipendiary Steward
Informant
Information Number
A09652
Plea:
Admitted
Charge:
Excessive whip use
Evidence:

Following the running of race 9, Karl Davis Bayleys Real Estate 1600, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Jones, alleged Mr T Harris used his whip excessively prior to the 100m without the necessary respite.

Mr Harris acknowledged that he understood the Rule and confirmed his admission of 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 Balcombe demonstrated the incident using the available video footage. He identified Mr Harris and showed that prior to the 100 metres Mr Harris struck his mount 5 times, paused for 3 or 4 strides and then struck his mount a further 5 times, a total of 10 strikes.

In response to a question from the committee, Mr Balcombe confirmed that the pause was for 3.5 strides.

Mr Harris had nothing further to add other than it was a straight forward breach.

Decision:

As Mr Harris admitted the breach, the Committee found the charge proved.

Submission For Penalty:

Mr Jones said that Mr Harris had 2 prior breaches since the introduction of the new whip guidelines on the 1st of August 2017.

8/4/18 - $300 fine

25/4/18 - $500 fine

Mr Jones submitted that it was a low level breach with no force applied and the whip was used below the shoulder. He added that Stewards would be seeking a suspension as per the JCA guidelines and at the lower end of the scale.

When invited to provide penalty submissions, Mr Harris had nothing to add but did request a deferment to fulfil riding commitments at Ruakaka on the 30th of June.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

The starting point for a 3rd breach of this Rule is a 6- 8 day suspension with the expectation that no reduction in penalty is applied unless the mitigating matters are exceptional.

There were no aggravating factors.

The mitigating factors were the admission of the breach along with the application of force and number of strikes being assessed at a low level.

After taking into consideration the mitigating and aggravating factors the committee determined that a 6 day suspension was appropriate.

Penalty:

The Committee granted a deferment to Mr Harris pursuant to rule 1106(2).

Mr Harris had his license to ride in races suspended for a period to commence after racing on the 30th of June 2018 and conclude after racing on the 13th of July 2018. (6 national riding days).

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