Auckland TR – 11 January 2026 – R4 – Corentin Berge

EVIDENCE:

Following the running of Race 1, Class A Rider Mr C Berge defended a charge alleging that he breached Whip Rule 638(3)(f)(ii) in that he used his whip with arm raised above shoulder height on one occasion over the concluding stages, on his mount MOSCHINO.

Rule 638(3)(f)(ii) provides that – Rider must not use their or her whip using an action that raises the Rider’s arm above shoulder height;

At the commencement of the hearing Mr Berge confirmed that he denied the breach and acknowledged that he understood the nature of the charge.

The proposed procedure for the conduct of a defended charge was explained to Mr Berge.

Witness – Mr B Jones

Using the race films, Deputy Chief Steward Mr Jones demonstrated the incident that gave rise to the charge. He pointed out two strikes that stewards believed were questionable. The first he said marginally was compliant but during the second strike, Mr Berge used an action that included raising his whip arm above shoulder height. Mr Jones used head and side on films to demonstrate the breach.

Mr Berge sought clarification from Mr Jones regarding the application of the whip rule, specifically asking whether a breach occurs if the whip remains below shoulder height. In response, Mr Jones confirmed that a breach of the rule is established if a rider’s arm rises above shoulder height during whip use. If the rider’s arm does not exceed shoulder height, there is no breach under the rule’s provisions.

Respondent – Mr Berge

Mr Berge said that he realised he had a poor record in New Zealand regarding his whip action and was working on it. He said that (the alleged breached) was borderline and that his mount stopped when in front. Hence the reason for the strike. He concluded his evidence by reiterating that the first strike was within the rule and the second was borderline because the position of his whip was below shoulder height.

Mr Berge’s mount (MOSCHINO) won the race.

Summing up

In summing up the case for the RIB Mr Dooley referred to the relevant Rules and submitted that the films showed that there is a clear breach.

Mr Berge said that he had nothing further to add.

DECISION:

After reviewing the race films, the Adjudicative Committee found the charge proven. The wording of the charge specifically refers to use of the whip in an action raising his arm above shoulder height, and the films clearly demonstrate this.

SUBMISSIONS FOR PENALTY:

Mr Dooley advised that Mr Berge has had three previous breaches of this Rule. The first breach occurred on 1 November 2025 and resulted in a $250 fine, the second on 15 November 2025. He said this involved two strikes above shoulder height, resulting in a $300 fine, and the third on 22 November resulted in a $500 fine.

Mr Dooley advised that the Penalty Guide provides for a $250 fine for a first offence. This being Mr Berge’s fourth breach over a relatively brief period, his record is not good, and an uplift is required. He suggested a fine in the vicinity of not less than $1000. This he said was consistent with RIB v Queiroz and Nicholas – who were both recently fined $1000 for their fourth breach of the rule.

Mr Dooley also pointed out that Mr Berge received two warning for breaching this Rule at the Ruakaka meeting on 6 January 2026. He advised that Mr Berge will be referred to the Rider Skills Panel.

REASONS FOR PENALTY:

The Adjudicative Committee considered the submissions and determined that the matter could be dealt with by way of a fine. This was Mr Berge’s fourth breach of the Rule in ten weeks. His previous breach on 22 November 2025 resulted in a $500 fine. He has also received two recent warnings. It is also noted that he has only had 100 race rides in New Zealand. On that basis he has a poor record.

This breach involved one strike above shoulder height. The Adjudicative Committee noted that recent fourth breaches have resulted in $1000 fines. The Adjudicative Committee also noted that previous fines incurred by Mr Berge had not served as effective deterrents. No mitigating factors were present.

During the hearing on 22 November 2025, the Committee clearly informed Mr Berge that any further breach of the relevant rule within the six-month reset period could result in a more severe penalty, such as a higher fine or even a suspension. At that time, Mr Berge was urged to make adjustments to his riding style and whip use to prevent future violations. The Adjudicative Committee reiterates its advice that Mr Berge must ensure his whip action complies fully with the requirements set out in the NZTR whip rules.

CONCLUSION:

Accordingly, Mr Berge was fined $1000.