Auckland TR 8 April 2023 – R7 – Hamish McNeill

Evidence:

Following the running of Race 7, the NZ Thoroughbred Breeders Stakes (Group 1), Information Number A19760 was lodged alleging the Respondent, Apprentice Rider Mr H McNeill, struck his mount, TEVERE, seven times prior to the 100-metre mark.

Mr McNeill confirmed to the Adjudicative Committee that he admitted the breach. He was assisted at the hearing by Mr N Harris (Rider Mentor).

Rule 639(3)(g)(i) provides that a rider must not:

“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)”

Using available films Senior Stipendiary Steward, Mr Jones demonstrated that from the straight entrance to the 100-metre mark Mr McNeill struck his mount seven times.

Mr McNeill agreed with the number of strikes.  By way of explanation, he said that it was his first Group 1 ride and that he “got a bit excited”.

Decision:

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

Submissions for Penalty:

Mr Jones advised that this is the Respondent’s fourth breach of the Whip Rule. His previous breach occurred in Race 2, earlier in the day, and this resulted in a 5-day suspension for 7 strikes.

Mr Jones submitted that the Penalty Guide recommends a 5 plus-day suspension for a fourth breach involving 7 strikes, which is 2 more than permitted under the Rule. He added that an aggravating factor is that this breach occurred in a Group 1 race.  He said the Respondent’s mount finished in 7^th place and 50% of his share of the stake money was $112.

Mr McNeill said that he had the financial means to pay a large fine and, on that basis, he sought a fine in lieu of any proposed suspension.

Reasons for Penalty:

Current Penalty Guidelines provide for a 5 plus-day suspension in circumstances of a fourth breach involving two additional strikes.

Mr McNeil incurred a 5-day suspension for a similar breach in Race 2.  In the interim between that breach and this offence which occurred in Race 7, he had two further Race rides, giving rise to the fact that the first penalty in Race 2 appears to have had little or no deterrent effect.

The Guidelines clearly state that NZTR’s position on excessive use of the whip during a race is unacceptable (particularly where repeated) and must be denounced and discouraged by way of penalty (NZTR Directive of 1 March 2022). Given this policy position and the circumstances of the breach Adjudicative Committee, considered, and rejected Mr McNeill’s request for a large fine to be imposed in lieu of the suspension of his Licence to ride in races.  If the Adjudicative Committee were to permit Riders to pay a large fine instead of a suspension it would severely place Riders with lesser financial means at a disadvantage, which inevitably would raise issues of fairness and equity.  Furthermore, as pointed out in the NZTR Directive repeated excessive whip use must be denounced and discouraged.  Any watering down of this position could be viewed adversely by Stakeholders and other interested parties.

In recent times other Riders have breached the Whip Rule on the same raceday (e.g., T Mitchell and M Cropp).  They are now serving back-to-back suspensions.  This case is no different and for consistency Mr McNeill must also incur a further suspension in addition to his earlier suspension.

There are no mitigating factors to consider.

Therefore, in consideration of the circumstances of the breach and that it occurred in a Group 1 race, a 6-day suspension is imposed.

Conclusion:

The Respondent Mr McNeill’s Licence to ride in races is suspended for 6 days commencing after his current suspension expires at close of racing on 15 April 2023 and concluding after racing on 3 May 2023 (6 national days).