Ashburton RC 7 March 2022 – R9 – Tanya Jonker

 

Evidence

Following the running of Race 9, the Respondent Ms Tanya Jonker Rider admitted a charge alleging excessive whip use prior to the 100 metres.

Rule638(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 Ms Algar with the assistance of Mr Oatham, demonstrated that the Respondent struck her mount 7 times from the straight entrance to the 100-metre mark.  She pointed out that the strikes were not forceful, and they were well spaced.

In response, Respondent, Ms Jonker made no submissions.

Decision

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

Submissions For Penalty

Ms Algar produced the Respondent’s Ms Jonker’s record which indicated no previous breaches.

Stewards assessed the breach as low and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).

The Respondent’s share of the stake was $ 336.00.

The Respondent, Ms Jonker submitted she finds it hard to get rides these days and the last time she won a race was here some time ago.

Reasons For Penalty

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

1st Offence with 2 additional strikes a fine of $250 (as per updated NZTR Penalty Guide dated 1 March 2022)

After considering the video evidence, the submissions, and having due regard for the number and frequency of strikes; the force used, and the Respondent’s share of stake, the Adjudicative Committee determined there is a compelling reason to depart from the starting point set out in the Penalty Guideline. The Respondent has won the race which is the aggravating factor and the Adjudicative Committee finds an uplift of $50 appropriate in this case.

On that basis, the Respondent is fined $300.

Conclusion

Respondent Tanya Jonker is fined $300.

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