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Taumarunui RC 28 July 2018 - R 10 - Chair, Mr A Dooley

Created on 06 August 2018

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
BScott
Name(s):
Mr S Rusof - Class A Rider
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A10064
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 10, Racing Rotorua 1560, an Information was filed pursuant to Rule 638(3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Rusof used his whip excessively when riding YORKSHIRE DALES prior to the 100 metres.

Mr Rusof acknowledged 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 Rusof and showed that he struck his mount 8 times prior to the 100 metres. He said that Mr Rusof paused his use of the whip for only 1 stride.

Mr Rusof accepted Mr Oatham’s interpretation of the incident and added that he misjudged the number of strikes.

Decision:

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

Submission For Penalty:

Mr Oatham said that Mr Rusof had a clear record under this Rule and submitted that a $300 fine would be appropriate.

Mr Rusof made no submissions on penalty.

Reasons For Penalty:

The Committee carefully 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.

There were no aggravating factors that required an uplift in penalty.

The Committee deemed that the breach was in the low range.

Penalty:

Accordingly, Mr Rusof was fined $300.

In conclusion the Committee advised Mr Rusof the starting points for a 2nd and 3rd breach of the whip Rule.

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