Auckland TR 23 April 2022 – R7 – Leith Innes

ID: RIB8681

Leith Innes - Jockey

Mr Brady Jones - Stipendiary Steward

Adam Smith

Persons Present:
L Selvakumaran - Stipendiary Steward

Information Number:

Decision Type:
Race Related Charge

Excessive Whip Use

638(3)(g)(i) - Contravention whip rule


Animal Name:


Race Date:

Race Club:
Auckland Thoroughbred Racing

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

Race Number:

Hearing Date:

Hearing Location:
Pukekohe Park

Outcome: Proved

Penalty: Jockey Leith Innes is fined $400


Following the running of Race 7, the Respondent Leith Innes admitted a charge alleging excessive whip use prior to the 100 metres.

Mr Innes endorsed the Information that he didn’t wish to be present at the hearing.

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 Jones demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark.  He said that the whip had got entangled in the reins and it wasn’t clear if there had been another strike, but the Stewards had given Mr Innes the benefit of the doubt on this occasion.

Mr Innes was not present to provide submissions.


As Mr Innes admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Jones produced Mr Innes’ record which indicated 1 previous breach under the Rule.

Mr Jones said that a penalty in line with the Penalty Guidelines would be appropriate, however as the breach had occurred in a Group 3 race worth $120,000 the Stewards would see this as an aggravating factor.

Mr Innes’ share of the stake money was $150.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is a $250 fine, (1 additional strike, second breach). If the breach occurs in a Black type race, the starting point to be 50% of stake money earned in addition to any suspension imposed.

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes, the force used, the Respondent’s share of stake and the Group 3 status of the race, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point of $250 as set out in the Penalty Guide.

Due to the fact that this breach occurred in a Group 3 race, an uplift of $150 has been applied to the penalty.


Mr Innes is fined $400.

Decision Date: 23/04/2022

Publish Date: 26/04/2022