Wellington RC 14 January 2023 – R7 – Shaun McKay

Evidence:

Following the running of Race 7, Information A17405 was lodged alleging the Respondent, Class A Rider Mr S McKay, used his whip 6 times prior to the 100m.

Rule 638(3)(g)(i) provides that a rider must not:

“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)”

Mr McKay confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach.

Using the race films, Stewards demonstrated that Mr McKay struck his mount 6 times from the straight entrance up until a few strides prior to the 100-metre mark.

Mr McKay agreed with the number of strikes and said he merely miscounted, thinking he had used his whip 5 times.

Decision:

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

Submissions For Penalty

Mr Oatham produced Mr McKay’s record which was clear of any whip breaches within the last 6 months. He said Mr McKay would normally be given a warning for a first breach but this was a Group 3 race in which he ran second.

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).

The Respondent’s share of the stake was $450.

Reasons For Penalty

After considering the film evidence, the submissions, the Grp 3 status of the race and Mr McKay’s share of stake, the Adjudicative Committee determined a $450 fine to be an appropriate penalty.

Conclusion:

A fine of $450 is imposed.