Auckland TR 22 June 2022 – R8 – Darren Danis

Evidence

Following the running of Race 8, Class A Rider Darren Danis admitted a charge alleging excessive whip use prior to the 100 metres (8 strikes) whist riding CHARMINGAFFAIR.

Mr Danis confirmed his admission of the breach and that he understood the nature of the charge.

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); or

Using the available race films Mr Dooley demonstrated that the Respondent struck his mount 8 times prior to the 100-metre mark. He pointed out that the first strike occurred passing the 1100 metre mark when Mr Danis was looking to improve.  He said that the remaining 7 strikes occurred from the straight entrance to just before the 100-metre mark.

In response Mr Danis said he accepted the strike count and on this occasion did not correctly count the number of strikes.

Decision

As Mr Danis admitted the breach the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mrs Selvakumaran produced Mr Danis’ record which indicates two previous breaches within the 6-month reset period.  The first breach, which occurred on 26 December 2021 resulted in a $250 fine; and the second breach was on 3 January 2022 and resulted in a $500 fine.

Mrs Selvakumaran submitted that the Penalty Guide for a third breach consisting of 8 strikes provides for a 5 plus day suspension.

Mr Danis sought a 7-day deferment to any proposed suspension. He offered no penalty submissions.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature, i.e. 3 additional strikes, and 3rd breach within 6 months, is a 5 (+) plus day suspension.

After considering the film evidence, the submissions and having due regard for the number of strikes, 8, which is 3 more than permitted, the Adjudicative Committee determined there are no compelling reasons to depart from the Penalty Guide. Furthermore, there are no mitigating or aggravating factors to consider, and on that basis a 6-day suspension is imposed.

Conclusion

Mr Danis is granted a deferment and his license is suspended from after racing on 29 June 2022 until after racing on 7 July 2022 (6 national days).