Ashburton RC 16 March 2023 – R7 – Brett Murray

ID: RIB17288

Respondent(s):
Brett Murray - Jockey

Applicant:
Veronica Algar, Stipendiary Steward

Adjudicators:
Russell McKenzie

Persons Present:
Ms Algar, Mr Murray

Information Number:
A16819

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:
JIN LU

Code:
Thoroughbred

Race Date:
16/03/2023

Race Club:
Ashburton Racing Club

Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700

Race Number:
R7

Hearing Date:
16/03/2023

Hearing Location:
Ashburton Racecourse, Ashburton

Outcome: Proved

Penalty: Class A Jockey, Brett Murray fined $250

BACKGROUND:

Following the running of Race 7, Agra Forum Growing Innovation Rating 75, Class A Jockey Brett Murray, as the Rider of JIN LU in the race, admitted a charge that he used his whip 7 times prior to the 100 metres.

Rule 638(3) provides:

(g)     Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), 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.

EVIDENCE:

Stipendiary Steward, Veronica Algar, showed a video replay of the 1400 metres race. She pointed out JIN LU, ridden by the Respondent, jumping slowly from the barrier behind midfield, before losing ground and drifting out to be the last runner in a gap of 2-3 lengths passing the 1000 metres. At that point, the Respondent struck the horse twice with his whip.

Ms Algar then showed a replay of the final 300 metres of the race in which the Respondent commenced using his whip again and did so a further 5 times – a total of 7 times prior to the 100 metres.

The Respondent said that he had struck the horse twice down the back straight because it felt like it was going to lose interest. They were going hard up front, he said, and his horse was chasing and needed waking up. He accepted the alleged count of 7 strikes

DECISION:

The breach is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Ms Algar told the Adjudicative Committee that the Respondent has a clear record under this particular Rule.

She referred to the RIB Thoroughbred Racing Penalty Guide which suggests a penalty of a fine of $250 for a first offence involving 2 additional strikes. This was explained to the Respondent by the Adjudicative Committee.

REASONS FOR PENALTY:

The penalty starting point under the Penalty Guide was correctly pointed out by Ms Algar as being a $250 fine.

The circumstances of this case are different from the average breach of the Rule, in that two of the seven strikes were applied in the first 400 metres of the race. Nevertheless, the provisions of the Guidelines are quite specific (see above). It was a low-level breach with no aggravating factors.

CONCLUSION:

The Respondent, Class A Jockey, Brett Murray, is fined $250.

 

Decision Date: 16/03/2023

Publish Date: 20/03/2023