Auckland TR 6 April 2024 – R1 – Ngakau Hailey

Evidence

Following the running of Race 1, the Respondent Ngakau Hailey (Apprentice Rider) admitted a charge alleging excessive whip use prior to the 100 metres.

Mr Hailey was supported at the hearing by Mr Noel Harris (Rider Mentor).

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 pointed out BILLY LINCOLN ridden by Mr Hailey, who was racing on the rails and contesting the lead.  He demonstrated that Mr Hailey struck his mount 12 times from the straight entrance to the 100-metre mark.

He added that he struck his mount once over the concluding 100 metres.

In response, Mr Hailey stated that he “was looking to take a tight gap and his counting got out of hand”.

In support of Mr Hailey, Rider Mentor Mr Harris advised the Adjudicative Committee that he has been taught only to strike his mount 5 times prior to the 100 metres.

Decision

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mr Jones produced Mr Hailey’s record, which indicated one previous breach involving 8 strikes, which occurred on 30 March 2024 at Auckland TR and resulted in a $500 fine.

Mr Jones said that the Penalty Guidelines for a breach comprising of 4 or more strikes has a starting point of a 5 plus day suspension.  He pointed out that 12 strikes is at the very high end and Stewards could not think of a comparable number of strikes by a Rider in recent times.

Mr Hailey sought a deferment to any proposed suspension until after racing on Sunday 14 April 2024.  He had nothing to add with regards to any proposed penalty.  Mr Harris said that Mr Hailey has been riding for about 12 months and this is only his second whip breach.

Reasons for Penalty

The Penalty Guide starting point for 4 or more strikes (additional to the permitted 5 strikes to the 100 metres) is a 5 (plus) day suspension.

Rarely does a Rider strike their mount so many times in a race.  On that basis, the Adjudicative Committee has assessed the 12 strikes as placing Mr Hailey at the high end of culpability.  In addition, it is of concern that Mr Hailey breached this Rule at the Auckland Meeting 7 days ago and he does not appear to have learnt any lessons from that breach.  Also, his mount, on this occasion, won the race.  For these combined factors, there must be an uplift applied to the 5 day suspension starting point.

Accordingly, after taking into account the above factors, a 7 day suspension is imposed. This represents a two day uplift from the 5 plus starting point.

Conclusion

Mr Hailey is granted a deferment and his Licence to ride in races is suspended from after racing on 14 April 2024, until after racing on 25 April 2024 (7 days inclusive).