Wellington RC 28 January 2023 – R7 – Ryan Elliot

ID: RIB15138

Respondent(s):
Ryan Elliot - Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Mr N McCutcheon (Chair) and Mrs N Moffatt

Persons Present:
Mr Elliot, Mr Oatham

Information Number:
A17406

Decision Type:
Race Related Charge

Charge:
Excessive use of the whip

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
SHARP 'N' SMART

Code:
Thoroughbred

Race Date:
28/01/2023

Race Club:
Wellington Racing Club

Race Location:
Trentham - 10 Racecourse Rd, Upper Hutt, 5018

Race Number:
R7

Hearing Date:
28/01/2023

Hearing Location:
Trentham Racecourse

Outcome: Proved

Penalty: Jockey Ryan Elliot is fined $1,350

FACTS

Mr Elliot admitted a breach of Rule 638(3)(g)(i).  The breach being that he struck his mount “SHARP ‘N’ SMART” (2nd) with the whip 7 times prior to the 100m (5 is the limit).

Mr Elliot confirmed to the Adjudicative Committee that he understood the Rule, charge and that he admitted the breach.

Film replays were shown and it was clearly identified that 7 strikes had been applied.

Mr Elliot said that the strikes were spaced and that he had not overdone it.  He said that he could not see the outside rail and that it was hard to see the marker on the fence.

DECISION

Due to the charge being admitted, together with the compelling film evidence, it was found proved.

PENALTY SUBMISSIONS

Mr Oatham said that Mr Elliot had a clear record and referred to the Penalty Guide.

Mr Elliot asked that his excellent record be taken into account.

REASONS FOR PENALTY

The Penalty Guide states a starting point of $250 fine for a first breach of the particular Rule.  However in a Group 1 event a fine equal to 50% of a Jockey’s share of the prize money is the starting point.  50% of Mr Elliot’s share in round figures was $1,350.

CONCLUSION

The Adjudicative Committee deemed that there was not any compelling reason to depart from the starting point.  Mr Elliot was fined $1,350.

Decision Date: 28/01/2023

Publish Date: 31/01/2023