Auckland TR 23 April 2022 – R7 – Leith Innes

Evidence

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.

Decision

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.

Conclusion

Mr Innes is fined $400.