Auckland TR 20 December 2021 – R12 – Lemmy Douglas

Evidence

Following the running of Race 12, 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 6 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. Mr Jones said that after initially tangling the whip in his reins, Mr Douglas, then struck his mount with his whip 5 times down the shoulder with his whip hand not maintaining contact with the reins and once behind the saddle, a total of 6 times. Mr Jones said that the strikes were not forceful.

In response Mr Douglas said he did agree with the Steward’s interpretation of the incident.

Mr Harris who was supporting Mr Douglas said that this was the first time Mr Douglas had ridden at Pukekohe, it was a long straight and he had been caught out.

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 1 previous breach of the Rule which had occurred earlier in the day.

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:

2nd offence starting point Greater of $500 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 $500.

Mr Douglas was advised that any subsequent whip breaches in the subsequent 6 months would commence with a starting point of a suspension, as per the Penalty Guidelines.

Conclusion

Mr Douglas is fined $500.