Ashburton RC 23 February 2025 – R1 – Brandon May

Evidence

Following the running of Race 1, the Respondent Class A Rider, Brandon May, admitted a charge alleging excessive whip use prior to the 100 metres in that when riding BRACERO, he used his whip on 8 occasions prior to the 100m.

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, Chief Stipendiary Steward John Oatham demonstrated that the Respondent, Mr May, struck his mount 8 times from near the 400m to the 100-metre mark. He added that Mr May went on to use the whip on a further 5 strikes inside the 100m and eventually won the race by a narrow margin, being 1/2 a head.

The Respondent, Mr May, stated that he was on the favourite and had been struggling throughout the early and middle stages to get the gelding to respond due to the prevailing heavy track conditions, which the horse was not comfortable with. He said that BRACERO was struggling to hold his position at the 800m and needed a lot of encouragement to run on. Mr May stated he knew the horse was lazy, requiring extra effort to get the best out of him, unfortunately putting him in a position where he used the whip 5 more times than the Rules permitted.

Decision

As the Respondent Mr May admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions for Penalty

Mr Oatham produced the Respondent Mr May’s record, which indicated 2 previous breaches being;

• 5 November 2024 – Otago – 6 day suspension for 9 strikes
• 1 December 2024 – Otago – 5 day suspension for 8 strikes

Mr Oatham stated the Penalty Guide Starting Point for excessive whip use for a 3rd offence – 3 additional strikes was a 5 plus national day suspension.

He stated that an uplift in penalty be considered, for the fact that Mr May went on to win the race by a narrow margin.

Mr May made no submissions in regard to penalty, apart from requesting a deferment until after the meeting at Riccarton on Wednesday 5 March 2025.

Reasons for Penalty

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

For breaches of the Whip Rule prior to the 100m mark:

3rd offence starting point 5+ national day suspension where there are 3 additional strikes

The Penalty Guide provides a 5 plus day suspension for a 3rd breach of this Rule within a 6 month period. Therefore, a 6 day starting point was adopted. The aggravating factor was that Mr May went on to win the race by a narrow margin, which warranted an uplift in penalty. This uplift was set at 1 day.

It was therefore determined, that an appropriate penalty in this case, was a 7 National Day suspension.

Conclusion

The Respondent Mr May, is granted a deferment until after racing on 5 March 2025. His Licence to ride in races is suspended for 7 National Days, from close of racing on 5 March 2025, until close of racing on 14 March 2025.