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R Rotorua 15 May 2021 - R 5 - Chair, Hon J W Gendall QC

Created on 17 May 2021

Rules:
638(3)(b)(ii)
Committee:
WGendall (chair)
BScott
Name(s):
Mr R Elliott - Class A Licensed Jockey
Ms V Algar - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A14421
Plea:
Admitted
Charge:
Excessive Use of the Whip
Evidence:

Following the running of Race 5, the Sherlock Contracting 1560, Mr Williamson presented an Information charging Mr Elliott with a breach of Rule 638(3)(b)(ii) in that he struck his mount UCALLEDIT with his whip in a manner that was excessive, in that his whip use was with his arm raised above shoulder height.

The "Whip Rule" includes the "manner" in which a mount is struck, and not just the number of times it is struck.  The Guidelines are known to all Riders and include a prohibition of whip use with the arm raised above shoulder height.

Mr Elliott admitted the breach of the Rule.

Mr Williamson illustrated from the race film the manner of Mr Elliott's whip use over the final 350 metres of the race, where he vigorously struck his mount several times with his arm raised well above shoulder height.  He did not breach the Guidelines for the number of strikes, but it was the manner of his whip use that breached the requirements.

Mr Elliott's mount finished second and he said he had tried "too hard".

Decision:

As Mr Elliott admitted the breach, it was deemed proved.

Submission For Penalty:

Mr Williamson sought a fine of $300 as Mr Elliott had not breached the Rule in the past 6 months and there were no aggravating factors.

Mr Elliott accepted that a fine was appropriate.

Reasons For Penalty:

The JCA Guideline for a starting point - where there are no breaches during the past 6 months - of a fine of $300, and we adopt that as appropriate as there are no aggravating factors that would require any uplift.

Penalty:

A fine of $300 is imposed.

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