Auckland RC 26 December 2021 – R4 – Darren Danis

ID: RIB6608

Respondent(s):
Darren Danis - Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Mr G R Jones and Mr B Scott

Persons Present:
Mr Danis, Mr B Jones (Stipendiary Steward), Mr Oatham

Information Number:
A14361

Decision Type:
Race Related Charge

Charge:
Excessive Use of Whip

Rule(s):
638(3)(g)(i) - Contravention whip rule - Excessive use of whip

Plea:
Admitted

Animal Name:
FIVE SHILLINGS

Code:
Thoroughbred

Race Date:
26/12/2021

Race Club:
Auckland Thoroughbred Racing

Race Location:
Ellerslie Racecourse - 100 Ascot Ave, Ellerslie, Auckland, 1050

Race Number:
R4

Hearing Date:
26/12/2021

Hearing Location:
Auckland RC

Outcome: Proved

Penalty: Rider, Darren Danis fined $250

Evidence

Following the running of Race 4, the Respondent, Class A Rider Darren Danis admitted a charge alleging excessive whip use on FIVE SHILLINGS 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, Mr B Jones demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark.  He added that FIVE SHILLINGS finished unplaced.

In response, the Respondent accepted that the number of strikes was 6 and he had nothing further to add.

Decision

As Mr Danis admitted the breach the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Oatham said this was the Respondent’s first whip breach in 12 months. He suggested a fine of $250, as per the NZTR Penalty Guide would be appropriate.

The Respondent offered no submissions as to penalty.

Reasons For Penalty

The Penalty Guide starting point for a first breach is the greater of a $250 fine or 50% of Jockey share of stake (in this case the Respondents mount was unplaced).

There are no aggravating factors and therefore no compelling reasons to deviate from penalty guide.

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes the Adjudicative Committee determined that a fine of $250 to be appropriate.

Conclusion

The Respondent Mr Danis is fined $250.

Decision Date: 26/12/2021

Publish Date: 27/12/2021