Auckland TR 19 November 2022 – R9 – Vinnie Colgan
ID: RIB13086
Animal Name:
OSELETA
Code:
Thoroughbred
Race Date:
19/11/2022
Race Club:
Auckland Thoroughbred Racing
Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120
Race Number:
R9
Hearing Date:
19/11/2022
Hearing Location:
Pukekohe RC
Outcome: Proved
Penalty: Jockey Vinnie Colgan is fined $250
Evidence:
Following the running of Race 9, Information A15642 was lodged alleging the Respondent, Class A Rider Mr V Colgan, struck his mount, OSELETA, six (6) times prior to the 100-metre mark.
Mr Colgan confirmed to the Adjudicative Committee that he admitted the breach.
Rule 638(3)(g)(i) provides that a rider must not:
“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)”
Using available race film, Chief Stipendiary Steward Mr Oatham identified Mr Colgan’s mount, OSELETA. He pointed out that from the straight entrance to the 100-metre mark, Mr Colgan struck his mount six times.
Mr Colgan agreed with the number of strikes and had nothing further to add.
Decision:
As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.
Submissions for Penalty:
Mr Oatham said that Mr Colgan has a clear record. He added that although the race was Black Type (Group 2) and OSELETA finished fourth, 50% of Mr Colgan’s share of the stake earned by his mount is less than the $250 recommended as the starting point in the Penalty Guide. On that basis, Mr Oatham submitted a fine commensurate with the Guide should be imposed.
Mr Colgan offered no submissions as to the penalty.
Reasons for Penalty:
The current Penalty Guidelines provide for a fine of $250 for a first breach in circumstances of one additional strike. In assessing penalty, the Adjudicative Committee noted that in relation to Black Type Races the Penalty Guide recommends that any fine imposed should be the greater of either the starting point ($250 in this case), or 50% of the Rider’s share of the stake. In finishing fourth, Mr Colgan’s share of the stake is about $180. Accordingly, a fine of $250 is imposed.
Conclusion:
The Respondent Mr Colgan is fined $250.
Decision Date: 19/11/2022
Publish Date: 21/11/2022