Amberley RC 25 June 2022 – R9 – Brett Murray

ID: RIB6684

Respondent(s):
Brett Murray - Jockey

Applicant:
John Oatham - Chief Stipendiary Steward

Adjudicators:
O K Jarvis / R McKenzie

Information Number:
A12592

Decision Type:
Race Related Charge

Charge:
Using whip more than 5 times prior to 100 metres

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
Little Wing

Code:
Thoroughbred

Race Date:
25/06/2022

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R9

Hearing Date:
25/06/2022

Hearing Location:
Riccarton Park

Outcome: Proved

Penalty: Rider Brett Murray is fined $500

SUMMARY OF FACTS

Following the running of Race 9, Mr Brett Murray, Rider, 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 Mr Murray struck his mount 6 times in the run home prior to the 100-metre mark. The first 2 strikes occurred as Mr Murray was coming around the final corner and the last strike was at the 200-metre mark.

Mr Murray did not make any submissions.

Decision

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

Submissions For Penalty

Mr Oatham produced Mr Murray’s record which indicated two prior breaches of the Rule. The first on 28 December 2021 at Timaru which Mr Oatham commented falls just within the six month reset period. On that occasion Mr Murray received 6 days and a $800 fine for 6 strikes, this penalty reflected a bad record at the time and the fact it was a listed race. Mr Murray received a $500 fine on 9 April 2022 for 7 strikes prior to the 100-metre mark.

Stewards submitted a penalty in line with the Penalty Guide was appropriate.

Mr Murray sought a suspension, however, when questioned on why he was not able to provide a justifiable reason to depart from the Penalty Guide.

Reasons For Penalty

The Penalty Guideline starting point for a breach of this nature is set out below.

3rd Offence with 1 additional strikes a fine of $500 

The Adjudicative Committee determines that the appropriate penalty in this case is a fine of $500.

Conclusion

Respondent Brett Murray is fined $500.

Decision Date: 25/06/2022

Publish Date: 30/06/2022