Auckland TR 13 March 2022 – R9 – Johnathan Parkes

Evidence

Following the running of Race 9,  an Information was filed alleging that Mr Parkes had breached the Whip Rule by striking his mount SOUND 6 times prior to the 100m. It was established that Mr Parkes had left the course prior to being served the Information. Senior Stipendiary Steward Matthew Williamson contacted Mr Parkes on the phone and rather than having the matter opened and adjourned, he agreed to participate in the hearing via phone. The Adjudicative Committee, after viewing the video confirmed to Mr Parkes that he had struck his horse on 6 occasions prior to the 100m and on this basis Mr Parkes admitted the breach and he further confirmed his willingness to proceed with the hearing via the phone.

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 Mr Oatham demonstrated that Mr Parkes struck his mount 6 times prior to the 100-metre mark.

Mr Parkes had nothing to offer in terms of submissions.

Decision

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

Submissions For Penalty

Mr Oatham produced Mr Parkes’ record which indicated 1 previous breach on 17/12/22.

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).  Mr Oatham said the first strike was a “backhander” and that may be why Mr Parkes lost count.

Mr Parkes submitted that he was only 1 strike over.

The Respondent’s share of the stake was $2125.

Reasons For Penalty

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

2nd Breach, 1 additional Strike $250

• In all breaches of the whip Rules in any Black-Type race, the starting point for a fine will be an amount equal to 50% of the Jockey’s share of the stake earned by their mount, and may be in addition to any suspension imposed as above. 

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes, the force used, and the Respondent’s share of stake (Group 2 race). The Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.

Conclusion

The Respondent Mr Parkes is fined $1000.