Auckland RC 22 January 2022 – R1 – Shaun McKay
Penalty: Jockey, Shaun McKay suspended 5 days and fined $250
Following the running of Race 1, the Respondent, Class A Rider, Mr McKay, 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 Stipendiary Steward, Mrs Selvakumaran demonstrated that the Respondent struck his mount (SAGUNTO) 6 times from the straight entrance to the 100-metre mark.
In response Mr McKay said that he agreed with the strike count.
As the Respondent Mr McKay admitted the breach the Adjudicative Committee finds the breach proved.
Submissions For Penalty
Chief Stipendiary Steward, Mr Oatham produced the Respondent’s record which indicated two previous breaches of the Whip Rule within the 6-month reset period; namely:
11/09/21 at Taranaki fined $250
11/10/21 at Taupo fined $500
Mr Oatham submitted that the revised NZTR Penalty Guide provides for a 5-day suspension and a fine of 50% of a rider’s stake money for a third breach of the Rule. In this instance Mr McKay’s mount finished third earning stake money of $9900 with 50% of Mr McKay’s share being $247.50. Mr Oatham added there are no aggravating factors associated with this breach.
The Respondent said that he could commence any proposed suspension immediately. He submitted that his previous offending was for one strike more than the 5 permitted prior to the 100-metre mark.
Reasons For Penalty
The Penalty Guide starting point for a breach of this nature is:
3rd offence starting point 5 national day suspension plus 50% of jockey share of stake.
After considering the film evidence, the submissions and having due regard for the number of strikes, which were well spaced, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.
On that basis the Respondent is fined $250 and suspended for 5 (national) days.
The Respondent’s License to ride in races is suspended for 5 days from close of racing on 22 January 2022 until close of racing on 2 February 2022.
In addition, a fine of $250 is imposed.
Decision Date: 22/01/2022
Publish Date: 24/01/2022