Auckland TR 20 December 2021 – R10 – Lemmy Douglas

ID: RIB6570

Respondent(s):
Lemmy Douglas - Apprentice Jockey

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Adjudicators:
Adam Smith (Chair)

Persons Present:
Mr B Jones - Stipendiary Steward

Information Number:
A16324

Decision Type:
Adjudicative Decision

Charge:
Excessive use of whip

Rule(s):
638(3)(g)(i)

Plea:
Admitted

Animal Name:
EKSTRA GHIA

Code:
Thoroughbred

Race Date:
20/12/2021

Race Club:
Counties Racing Club

Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120

Race Number:
R10

Hearing Date:
20/12/2021

Hearing Location:
Pukekohe Park Racecourse

Outcome: Proved

Penalty: Apprentice Jockey Lemmy Douglas is fined $250

Evidence

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.

Decision

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.

Conclusion

Mr Douglas is fined $250.

Decision Date: 20/12/2021

Publish Date: 21/12/2021