Hawkes Bay RI 10 September 2022 – R2 – Kate Hercock
ID: RIB11002
Animal Name:
GOHUGO
Code:
Thoroughbred
Race Date:
10/09/2022
Race Club:
Hawkes Bay Race Club
Race Location:
Hastings Racecourse - 200 Prospect Road, Hastings, 4122
Race Number:
R2
Hearing Date:
10/09/2022
Hearing Location:
Hastings Racecourse
Outcome: Proved
Penalty: Jockey Kate Hercock is fined $500
Evidence
Following the running of Race 2, the Respondent Ms K Hercock admitted a charge alleging excessive whip use prior to the 100 metres.
Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:
(i) strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins); or
Using the available race films Mr Coppins demonstrated that Ms Hercock struck her mount 6 times from the straight entrance to the 100-metre mark.
In response, by way of explanation Ms Hercock said GOHUGO was a big green horse and he had not cornered well and was under pressure.
Decision
As Ms Hercock admitted the breach the Adjudicative Committee finds the breach proved (Rule 915(1)(d).
Submissions For Penalty
Mr Coppins produced Ms Hercock’s record which showed 2 breaches of the Whip Rule in the previous 6 months, both times for using the whip 6 times prior to the 100 metres.
In response to a question from the Adjudicative Committee, Mr Coppins said the Stewards did not consider Ms Hercock’s 2nd placing in the race to be an aggravating factor. Ms Hercock said the one extra strike did not make any difference to where she finished in the race.
Reasons For Penalty
The Penalty Guide starting point for a breach of this nature is set out below: Â (as per updated NZTR Penalty Guide dated 1 March 2022)
| Offence | 1 additional strike | 2 additional strikes | 3 additional strikes | 4 or more additional strikes |
| 1st | Warning | $250 | $500 | Suspension 5 National Days |
| 2nd | $250 | $500 | Suspension 5 National Days | Suspension 5+ National Days |
| 3rd | $500 | Suspension 5 National Days | Suspension 5+ National Days | Suspension 5+ National Days |
| 4th | $500 + Suspension 2 National Days | Suspension 5+ National Days | Suspension 5+ National Days | Suspension 5+ National Days |
| 5th and following | Suspension 5+ National Days | Suspension 5+ National Days | Suspension 5+ National Days | Suspension 5+ National Days |
This is Ms Hercock’s 3rd breach within 6 months. After considering the film evidence, the submissions and having due regard for the number and frequency of strikes the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.
On that basis the Respondent is fined $500.
Conclusion
Ms Hercock is fined $500.
Decision Date: 10/09/2022
Publish Date: 13/09/2022