Auckland TR 28 October 2023 – R4 – Jessica Allen

Evidence

Following the running of Race 4, the Respondent, Class B Rider Jessica Allen, admitted a charge alleging excessive whip use prior to the 100 metres.

Apprentice Mentor Noel Harris was present to assist.

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, Stipendiary Steward Mr Jones demonstrated that the Respondent struck her mount 12 times from the straight entrance to the 100-metre mark.  He pointed out that the strikes were not forceful, and they  were not consecutive.

In response, by way of explanation, the Respondent Ms Allen stated that she had got excited and carried away with her horse that was improving down the outside of the track. She said that she also thought that the Rule was 10 strikes before the 100m.

Apprentice Mentor Noel Harris stated that the strikes, especially the last five, were not forceful and unnecessary. He added that obviously Miss Allen has some confusion with the Whip Rule and its requirements.

Decision

As the Respondent Miss Allen admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions for Penalty

Stipendiary Steward Mr Jones produced the Respondent’s record which indicated a previous breach on 1 July 2023 at Hastings, where Miss Allen received a 5 day suspension for 9 strikes prior to the 100m.

Stipendiary Steward Mr Jones stated that the Penalty Guide provided a 5 day plus suspension for a second breach of this Rule, where there were 4 or more additional strikes and submitted a penalty commensurate with the Penalty Guide be considered.

The Respondent Miss Allen, elected to make no submissions in regard to penalty, apart from requesting a deferment of penalty until after racing on 4 November 2023.

Reasons for Penalty

The Penalty Guide starting point for a breach of this nature is set out below.

2nd offence starting point for 4 or more additional strikes a 5 day plus suspension.

After considering the film evidence, the submissions and having due regard for the number of strikes being 12; the force used which was low; the Adjudicative Committee determined there were compelling reasons to depart from the starting point set out in the Penalty Guide. It was deemed appropriate that an uplift was warranted, which was set at 2 days.

As this is the Respondent’s 2nd breach, a suspension of 7 days is imposed. The Respondent’s request for a deferment is granted until after racing 4 November 2023.

Conclusion

The Respondent Miss Allen, is granted a deferment until 4 November 2023. Her Licence to ride in races is suspended for 7 days, from close of racing on 4 November 2023, until close of racing on 14 November 2023.