Auckland TR 17 February 2024 – R5 – Vinnie Colgan

EVIDENCE:

This charge arises from the running of Race 5, the SkyCity Horizon Uncle Remus Stakes (Listed Race).  Chief Stipendiary Steward Mr Oatham filed an Information pursuant to Rule 638(3)(g)(i) alleging a breach of the Whip Rule by Class A Jockey Mr Vinnie Colgan, namely that he:

“Struck his mount PERICLES seven times prior to the 100 metres”.

Mr Colgan stated that he understood the Rule; the nature of the charge and confirmed that he admitted the breach.

Mrs Selvakumaran showed the relevant race films and demonstrated that Mr Colgan struck his mount (PERICLES) seven times from the straight entrance to the 100m mark.  She pointed out that PERICLES won the race. She added that from the 100 metres to the finish, he struck his mount a further four times.  On that basis, she said that the Rule which sets out the circumstances where it should not be a contravention of the breach does not apply i.e. because in circumstances where a Rider strikes a horse seven times prior to the 100 metres, that Rider must not strike their horse more than three times after the 100 metre mark (ref. the Rule as amended June 2023).

Mr Colgan agreed with the count and had further nothing to add.

DECISION:

Having admitted the breach, the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham said that this is Mr Colgan’s second breach of the Rule with the 6 month reset period.   He said the Penalty Guideline establishes a starting point of a $500 fine, or due to the breach having occurred in a Black Type Race, the greater of the $500 fine or an amount equal to 50% of Mr Colgan’s share of his stake money earned.

Mr Colgan’s share of the stake money for winning the race was $2,850.  50% equates to $1,425.

Mr Colgan made no submissions as to penalty.

REASONS FOR PENALTY:

The Penalty Guidelines provide for a fine, being the greater of $500 or $1,425 (being 50% of Mr Colgan’s share of the stake). The status of this race is factored into the fine recommended in the Penalty Guide, therefore no further uplift is required.

Accordingly, a fine of $1,400 is imposed.

CONCLUSION:

Mr Colgan is fined $1,400.