Ashburton RC 16 March 2023 – R7 – Brett Murray
ID: RIB17288
Animal Name:
JIN LU
Code:
Thoroughbred
Race Date:
16/03/2023
Race Club:
Ashburton Racing Club
Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700
Race Number:
R7
Hearing Date:
16/03/2023
Hearing Location:
Ashburton Racecourse, Ashburton
Outcome: Proved
Penalty: Class A Jockey, Brett Murray fined $250
BACKGROUND:
Following the running of Race 7, Agra Forum Growing Innovation Rating 75, Class A Jockey Brett Murray, as the Rider of JIN LU in the race, admitted a charge that he used his whip 7 times prior to the 100 metres.
Rule 638(3) provides:
(g) Â Â Â Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), 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.
EVIDENCE:
Stipendiary Steward, Veronica Algar, showed a video replay of the 1400 metres race. She pointed out JIN LU, ridden by the Respondent, jumping slowly from the barrier behind midfield, before losing ground and drifting out to be the last runner in a gap of 2-3 lengths passing the 1000 metres. At that point, the Respondent struck the horse twice with his whip.
Ms Algar then showed a replay of the final 300 metres of the race in which the Respondent commenced using his whip again and did so a further 5 times – a total of 7 times prior to the 100 metres.
The Respondent said that he had struck the horse twice down the back straight because it felt like it was going to lose interest. They were going hard up front, he said, and his horse was chasing and needed waking up. He accepted the alleged count of 7 strikes
DECISION:
The breach is admitted and is therefore deemed proved.
SUBMISSIONS FOR PENALTY:
Ms Algar told the Adjudicative Committee that the Respondent has a clear record under this particular Rule.
She referred to the RIB Thoroughbred Racing Penalty Guide which suggests a penalty of a fine of $250 for a first offence involving 2 additional strikes. This was explained to the Respondent by the Adjudicative Committee.
REASONS FOR PENALTY:
The penalty starting point under the Penalty Guide was correctly pointed out by Ms Algar as being a $250 fine.
The circumstances of this case are different from the average breach of the Rule, in that two of the seven strikes were applied in the first 400 metres of the race. Nevertheless, the provisions of the Guidelines are quite specific (see above). It was a low-level breach with no aggravating factors.
CONCLUSION:
The Respondent, Class A Jockey, Brett Murray, is fined $250.
Decision Date: 16/03/2023
Publish Date: 20/03/2023