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Wanganui JC 24 July 2020 - R 5 - Chair, Mrs N Moffatt

Created on 27 July 2020

Rules:
638(3)(b)(ii)
Committee:
NMoffatt (chair)
Name(s):
Mr S O'Malley
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
A12327
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following Race 5, Stipendiary Steward Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that S O’Malley used his whip excessively prior to the 100 metres.

At the outset of the hearing, Mr O’Malley confirmed he understood the Rule and that he admitted the breach.

Mr Goodwin played the videos from before the home bend. Mr O’Malley used his whip 4 times while coming around the turn with 2 of these being in quick sucession. He hit his mount a further two times just prior to the 100 metre mark.

Mr O’Malley was satisfied that the number of strikes as counted by the Stewards was accurate.

Decision:

As Mr O’Malley admitted the breach, the charge was deemed proved.

Submission For Penalty:

Mr Goodwin said this was Mr O’Malley’s first breach of the whip rule since all riders’ records were reset with the implementation of the new guidelines on October 7th 2019. He said while the number of strikes was not high Mr O’Malley had recently been warned by the stewards, and had been reminded again only yesterday at apprentice school.

Mr O’Malley said he was aware he had gone over the allowed number of strikes and was annoyed at himself for doing so.

Reasons For Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach $300
2nd breach $500
3rd breach suspension

The Committee considered all submissions. Mr O’Malley understands the whip guidelines and is aware that further breaches will be met with harsher penalties. Today’s breach is at the very low end of the scale being only 1- over the guidelines, however the two strikes in succession and the fact that Mr O’Malley was reminded very recently about his use of the whip is disappointing.

Penalty:

Taking into account all matters the Committee fined Mr O’Malley the sum of $300.

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