Amberley RC 25 June 2022 – R5 – Brandon May

SUMMARY OF FACTS

Following the running of Race 5, Mr Brandon May, admitted a charge alleging excessive whip use prior to the 100 metres.

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); or

Using the available race films Mr Oatham demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark. Mr Oatham said the sixth strike was close to the 100 metre mark but still approximately 2 to 3 strides away.

In response, Respondent, Mr May said it was clear and he agreed with the count. He said he had been looking for room and when he got room he got excited.

Decision

As the Respondent, Mr May admitted the breach the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Oatham produced Mr May’s record which indicated his record under this Rule was poor.

Mr May has two breaches involving six strikes prior to the 100-metre mark on 25 February 2022 at Riccarton. On those occasions Mr May was fined $250 and $500 consecutively. He has a further breach from 1 May 2022 at Wingatui where he was fined $500 for six strikes prior to the 100-metre mark. Mr May’s record reflects another breach which is recent. That breach involved 8 strikes prior to the 100-metre mark and Mr May was suspended for 7 days.

Mr Oatham submitted an uplift was appropriate for Mr May’s history as this was now his fifth breach of this Rule. Mr Oatham submitted a suspension of 6 days was appropriate.

The Respondent, Mr May said he accepts that he needs to make a change in respect of this Rule as it is costly for him. He said his strikes alone were not excessive in nature but accepted the Rule clearly states no more than five and he has breached that. Mr May sought a deferment until after racing on 3 July 2022.

Reasons For Penalty

The Penalty Guideline starting point for a fifth breach of this Rule with one additional strike is a suspension of 5 + National Days.

Mr May’s record is extremely poor in respect of this Rule. Mr May’s prior recent breach is of concern. While he has accepted that he needs to change and outlined that the strikes themselves were not particularly forceful this is a case where there are repeated breaches of the Rule. Accordingly, the penalty must reflect this and the Adjudicative Committee finds there is a need to uplift the starting point to take this into account. Accordingly, the appropriate penalty is a suspension of 7 days.

Mr May’s application for a deferment is granted.

Conclusion

Respondent Brandon May is suspended for 7 days from the close of racing on 3 July 2022 up to and including racing on 15 July 2022 at Riccarton.