Wellington RC 18 January 2025 – R7 – Kevin Stott

BACKGROUND:

Following the running of Race 7, Mr K Stott, admitted a charge alleging that he struck his mount BRAVE SPIRIT with his arm above shoulder height in the final straight.

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

Without limiting the generality of subrule 638(3), in a Flat Race . . . A Rider must not use his / her whip:

(ii)  using an action that raises the Rider’s arm above shoulder height.

EVIDENCE:

Chief Stipendiary Steward Mr J Oatham presented evidence showing BRAVE SPIRIT racing in the middle of the track down the home straight. On at least two occasions, Mr Stott used his whip above shoulder height, with several more strikes being marginal. Mr Stott admitted the breach, but stated he hadn’t changed his riding style since arriving in New Zealand and expressed some surprise about being charged on this occasion.

DECISION:

As Mr Stott  admitted the breach, the Adjudicative Committee finds the charge proved.

SUBMISSIONS ON PENALTY:

Mr Oatham noted that Mr Stott’s record was clear under this Rule since he began riding in New Zealand. While the starting point for a fine was $250, Mr Oatham suggested the Adjudicative Committee might consider the fact that Mr Stott had won the race by a nose.

Mr Stott questioned the relevance of winning the race by a narrow margin, to the penalty.

REASONS FOR PENALTY:

The Adjudicative Committee adopted a starting point of $250 in accordance with the Penalty Guide. Factors considered included the number of strikes, Mr Stott’s clear record, and his admission of the breach. While winning the race by a nose margin could be deemed an aggravating factor, there is difficulty in conclusively establishing the extent to which the 2 instances of whip use above shoulder contributed.

An uplift was considered appropriate, and in the interest of maintaining consistency, previous breaches of the same Rule over the last 12 months were taken into account.

CONCLUSION:

Mr Stott, is fined $350.