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Taranaki RC 26 August 2017 - R 5 - Chair, Mr N McCutcheon

Created on 30 August 2017

Rules:
638(3)(b)(ii)
Committee:
NMcCutcheon (chair)
TBird
Name(s):
Mr S McKay - Licenced Apprentice Jockey
Mr N Harris - Assisting Mr McKay
Mr B Jones - Stipendiary Steward
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
A8781
Plea:
Admitted
Charge:
Excessive Use of the Whip
Evidence:

Following the running of Race 5 (ITM Interprovincial Challenge) Information No. A8781 was filed with the Judicial Committee. It was alleged by the Informant that Mr McKay had used his whip excessively when riding SHE’S POPPY prior to the 100m.

Rule 638(3)(b)(ii) provides:

A rider shall not: (b) strike a horse with a whip in a manner or to an extent which is: (ii) excessive.

Mr McKay in the presence of Mr Harris said that he understood the Rule, the guidelines, the charge and confirmed to the committee that he admitted the breach.

Mr Jones identified Mr McKay and his mount SHE’S POPPY on all film replays and then said that Mr McKay had hit his horse 15 times prior to the 100m with only minimal pauses being given during that time. He said that the whip use was well outside of the guidelines of 5-on 5-off prior to the 100m.

Mr McKay, in response, said that his horse was under pressure a long way out and that he had misjudged his whip use. He said that on pulling up he realised that he may have been outside the guidelines. He agreed that he had struck his horse 15 times with only minor pauses.

Mr Harris said that Mr McKay had had only one prior whip charge in three years and that he had had no concerns at all with his whip riding. He added that today’s exhibition was out of character.

Decision:

As the charge was admitted it was found to be proved.

Submission For Penalty:

Mr Goodwin confirmed that Mr McKay had only breached the Rule once in 3 years. He added that Mr McKay’s whip use on this occasion was well outside the guidelines and said that the penalty was for the Committee to determine.

Mr McKay said that he had a good record and the relatively short straight may have contributed to his whip use.

Reasons For Penalty:

The JCA starting point since 1 August 2017 for a first breach of the Rule is a $300 fine. The Committee was mindful that Mr McKay had admitted the breach; however it was inevitable that the charge would have been upheld as the film evidence clearly showed Mr McKay’s excessive use of the whip. An aggravating factor was that the number of strikes was relatively high with very little respite being given. Taking all relevant matters into consideration it was determined that a fine of $400 be imposed.

Penalty:

Mr McKay was fined $400.

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