Auckland RC 22 January 2022 – R1 – Shaun McKay

ID: RIB7075

Respondent(s):
Shaun McKay - Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
G Jones and A Smith

Persons Present:
Mr J Oatham, Mr McKay, Mrs Selvakumaran

Information Number:
A14372

Decision Type:
Adjudicative Decision

Charge:
Excessive Use of Whip

Rule(s):
638(3)(g)(i) - Whip breach

Plea:
Admitted

Animal Name:
SAGUNTO

Race Number:
R1

Hearing Date:
22/01/2022

Hearing Location:
Auckland RC

Outcome: Proved

Penalty: Jockey, Shaun McKay suspended 5 days and fined $250

Evidence

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.

Decision

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.

Conclusion

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