Auckland TR 20 December 2021 – R10 – Lemmy Douglas
Counties Racing Club
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120
Pukekohe Park Racecourse
Penalty: Apprentice Jockey Lemmy Douglas is fined $250
Following the running of Race 10, the Respondent L Douglas 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);
Using the available race films, Stipendiary Steward Mr Jones demonstrated that the Respondent struck his mount 7 times from the straight entrance to the 100-metre mark. He said that Mr Douglas did not use the whip at all in the last 100m
In response, by way of explanation, the Respondent Mr Douglas said that he realised he had breached the Rule during the race but it was then too late.
As the Respondent L Douglas admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).
Submissions For Penalty
Mr Williamson produced Mr Douglas’ record which indicated no previous breach of the Rule.
Stewards assessed the breach as low and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 September 2021).
Mr Douglas had nothing to add in relation to penalty.
Reasons For Penalty
The Penalty Guide starting point for a breach of this nature is set out below.
For breaches of the Whip Rule prior to the 100m mark:
1st offence starting point Greater of $250 fine or 50% of jockey share of stake.
After considering the film evidence, the submissions and having due regard for the number and frequency of strikes and the force used, 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.
Mr Douglas is fined $250.
Decision Date: 20/12/2021
Publish Date: 21/12/2021