Canterbury JC 9 November 2022 – R3 – Lily Sutherland

BACKGROUND:

Following the running of Race 3, NZB Ready to Run Sale Trainers Series, the Respondent Apprentice Jockey, Lily Sutherland, admitted a charge alleging excessive whip use prior to the 100 metres. It was alleged that, as the Rider of TAKE ON in the race, she struck her mount 7 times prior to the 100 metres.

Apprentice Jockey mentor, David Walsh, was present to assist.

Rule 639(3)(g)(i) provides that in a Flat Race a Rider must not “strike a horse with a whip more than 5 times prior to the 100-metre mark (other in a slapping motion down the shoulder with the whip hand remaining on the reins)”.

EVIDENCE:

Mr Davidson pointed out TAKE ON, ridden by the Respondent, racing in a midfield position passing the 400 metres when the Respondent commenced using her whip. He demonstrated that she struck her mount a total of 7 times from that point to the 100 metres.

The Respondent accepted the breach was clear from the video replay. Mr Walsh said that the last couple of strikes were little more than “taps”, but accepted there were 7 clear strikes.

DECISION:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson said that the Respondent has four breaches of the Rule on her record in the last 6 months – on 15 October at Hawkes Bay (suspended 6 days for 7 strikes), on 21 July at Hawkes Bay (fined $500 for 6 strikes), on 28 May at Trentham (fined $250 for 6 strikes) and on 21 May at Trentham (fined $125 for 6 strikes).

For a 5th breach involving two additional strikes, the NZTR Revised Penalty Guidelines suggest a starting point of a “Suspension 5+ National Days”. Given her record, the 5+ would need to be more than one or two days, Mr Davidson submitted.

Mr Walsh said that the Respondent has only been riding for a short time. This was her first ride back after a period of suspension. The two breaches in May are close to “dropping off” her record, he said, and she had only just started riding then. She had been caught out by the long Riccarton straight, he submitted.

The Respondent sought a deferment up to and including 19 November.

REASONS FOR PENALTY:

The Respondent has compiled a less than satisfactory record for whip use in the short period she had been race riding. It is noted that she has had 201 rides for 17 wins. None of her previous four breaches appear to have been high-level, but she continues to breach the Whip Rule restricting the number of strikes to five prior to the 100 metres.

The present breach is her 5th, for which the NZTR Revised Penalty Guidelines prescribe a starting point of 5+ national days. The Adjudicative Committee has determined that the “add-on” shall be 3 days, resulting in an 8-days suspension of her licence.

CONCLUSION:

The Respondent is granted a 10-day deferment. Her licence is suspended for 8 national riding days commencing on 20 November up to and including 2 December 2022.