Auckland TR 9 December 2023 – R9 – Billy Jacobson

Evidence

Following the running of Race 9, the Respondent Billy Jacobson, Rider, admitted a charge alleging consecutive whip use in the home straight.

Rule 638(3)(g)(ii) provides that in a Flat Race a Rider must not:

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Using the available race films, Mr Jones demonstrated that the Respondent struck his mount consecutively for two strikes near the 50m.

Mr Jacobson offered no comment.

Decision

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

Submissions for Penalty

Mr Jones produced the Respondent’s record which indicated this was his 3rd breach. His first breach resulted in a warning and his 2nd breach had occurred in his previous ride in Race 3 on this particular Raceday.

Mr Jacobson has had 42 rides in the previous 6 months.

Mr Jones said that the Adjudicative Committee may consider it an aggravating factor that Mr Jacobson went on to win the race.

Mr Jacobson queried whether an uplift from a starting point for a riding breach had occurred previously.

The Adjudicative Committee confirmed that numerous factors are considered when assessing penalty.

Reasons for Penalty

The films were clear, the Respondent did strike his mount on 2 occasions consecutively at the 50m mark.

The Guidelines provide for a $300 fine for a 3rd breach of the Consecutive Whip Rule for 2 strikes.

When considering penalty, the Adjudicative Committee had regard for the fact that Mr Jacobson had breached the same Rule at his previous ride, this was considered an aggravating factor and a small uplift was applied.

Conclusion

The Respondent is fined $350.