Marton JC 8 January 2022 – R8 – Hazel Schofer

Evidence

Following the running of Race 8, the Respondent Ms H Schofer, admitted a charge alleging excessive whip use prior to the 100 metres.

Apprentice Mentor Ms Kim Clapperton was present to assist.

Rule 638(3)(g)(i) provides that in a Flat Race 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);

Using the available race films Stipendiary Steward Mr Goodwin demonstrated that Ms Schofer struck her mount once prior to the home turn and then 5 more times up until the 100-metre mark – 6 in total, and one over the Guidelines.

In response, Ms Schofer said the breach was evident on the film footage.

Decision

As Ms Schofer admitted the breach the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Goodwin produced Ms Schofer’s  record which indicated two previous breaches of this Rule. She was fined $400 in August 2021 and $500 in November 2021.

Stewards  submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 September 2021). Ms Schofer finished 5th in the race.

Pursuant to Rule 1106(2)(b) or (c) Ms Schofer sought a 7 day deferment to any proposed suspension in order to fulfil riding engagements at Trentham on Saturday January 15th, 2022.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is as follows:

3rd offence starting point 5 national day suspension plus 50% of jockey share of stake.

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes;  the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.

As this is Ms Schofer’s 3rd  breach a suspension of 5 days is imposed. Her request for a deferment is granted. Ms Schofer earned an insignificant amount for finishing 5th in the race therefore the Adjudicator declined to impose any monetary penalty.

Conclusion

Ms Schofer is granted a 7-day deferment.  Her licence to ride in races is suspended for 5 days from close of racing on Saturday January 15th 2022 until close of racing on Thursday January 27th 2022.