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06 Sep 2019
Waikato-Rc - R6

Waikato RC 6 September 2019 – R 6 – Chair, G Jones

Created on 09 September 2019

GJones (chair)
Miss E McCall (Apprentice Jockey)
Mr N Harris (Apprentice Jockey Mentor)
Mr M Williamson - Senior Stipendiary Steward
Information Number
Excessive use of whip

This charge arises from the running of race 6, the Melbourne Cup at Te Rapa 5 November. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638(3)(b)(ii) alleging that Apprentice Rider Miss E McCall used the whip excessively on her mount SLEEPY GEEG prior to the 100 metres.

Miss McCall acknowledged she understood the nature of the charge and the relevant Rule. She confirmed her admission of the breach. She was assisted and supported at the hearing by Apprentice Jockey Mentor Mr N Harris.

Rule 638(3)(b)(ii) provides that 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” provide:

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.

Using available video footage Mr Williamson demonstrated that Miss McCall used her whip 11 times from the 400 metres to the 100 metre mark. He said that although Miss McCall provided respite for 3 to 4 strides, it was outside the use of whip guidelines which require minimum respite of 5 strides.

In response Miss McCall advised the Committee that she “got over excited” and had nothing further to add.


As Miss McCall admitted the breach the charge is proved. 

Submission For Penalty:

Mr Williamson produced Miss McCall’s record which showed no previous breaches under this Rule in the last 12 months. On that basis he submitted she has a good record. He further submitted that there were no specific aggravating or mitigating factors and suggested a fine of $300 be imposed.

Miss McCall submitted she accepted that a fine was inevitable and Mr Harris agreed. 

Reasons For Penalty:

The Committee considered all the evidence and submissions presented. When reviewing the video films we confirmed that Miss McCall struck her mount 11 times, without the required respite. On this occasion there were no particular aggravating factors. The strikes were not forceful or continuous.

The JCA Penalty Guide establishes the starting point for (first, second, or third) breaches of Rule 638(3) (b) (ii) as follows:

1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding day suspension

After taking into account all the above factors the Committee considers a $300 fine is appropriate.


Accordingly, Miss McCall is fined the sum of $300.

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