Waikato RC 24 July 2021 – R4 – Leith Innes

Evidence
This charge arises from the running of Race 4 the Book [email protected] Mile. An Information was filed pursuant to Rule 638 (3)(b)(ii) by the Applicant, Mr Jones, alleging that Mr Innes used his whip excessively when riding MAKZABEEL prior to the 100 metres.

Mr Innes said that he understood the Rule and confirmed he admitted the breach.

Rule 638(3)(b)(ii) provides:

A Rider shall not strike a horse with a whip in a manner or to an extent which is:

(i) unnecessary, or

(ii) excessive, or

(iii) improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:

Flat Races

Prior to the 100-metre mark in a race, official trial or jump out:

(i) The whip should not be used on more than 5 occasions.

(ii) The whip should not be used in consecutive strides.

(iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins.

In the final 100 metres, the whip may be used at the Rider’s discretion.

Using the available race films Mr Dooley demonstrated the breach. He identified that from the straight entrance to the 100-metre mark Mr Innes struck his mount 9 times.

In response Mr Innes said that although he agreed with the number of strikes, he pointed out that the ninth strike was very close to or right on the 100-metre mark.

Decision

As Mr Innes admitted the breach the Adjudicators found the charge proved.

Submissions For Penalty

Mr Jones said that Mr Innes has had one previous breach of the Rule within the reset period. That breach having occurred on 7 March 2021 in a Group 1 Race. Mr Jones submitted that a fine commensurate with the Penalty Guide for a second breach would be appropriate in this case.

Mr Innes agreed and did not offer any further submissions. However, he raised a query as to a recent penalty imposed on another Rider for their first breach of the Rule. The Adjudicators determined this to have no relevance to Mr Innes’ breach.

Reasons For Penalty

The Penalty Guide starting point for a second breach of this Rule is a $500 fine. This was adopted as our starting point.

The Adjudicators considered all the evidence and submissions and took note of the number and frequency of strikes as well as the force used. In that regard we confirmed the number of strikes as 9 and noted that the strikes were well spaced, and they were not forceful.

As there were no aggravating factors the Adjudicators determined there are no reasons to depart from the starting point. On that basis Mr Innes is fined $500.

Penalty

Accordingly, Mr Innes was fined $500.