Banks Peninsula RC 12 February 2022 – R5 – Jacob Lowry

BACKGROUND:

Following the running of Race 5, Rangiora Equine Services Maiden, Rider Jacob Lowry admitted a charge alleging excessive whip use prior to the 100 metres, while riding HOMBRE.

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).

EVIDENCE:

Using the available video replays Stipendiary Steward, Mark Davidson, had Stipendiary Steward, Veronica Algar, demonstrate that the Respondent struck his mount, HOMBRE, 6 times from the straight entrance to the 200 metres mark. Mr Lowry changed the whip to his left hand for the last of those strikes, which was well before the 100 metres. A 7th strike was just inside the 100 metres, Mr Davidson said.

In response, the Respondent stated that the breach was clear. Where he had got it wrong, he said, was when he had to stop riding to pull his goggles down and had lost count. After his 6th strike it was “pretty evident” that he was waiting for the 100 metres but he had “just got it wrong”, he said.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Davidson said that Mr Lowry’s record shows one previous breach in the last 6 months – on 14 August 2021 at Riccarton, fined $300 for striking his mount 7 times prior to the 100 metres. Unfortunately, that breach is 2 days inside the 6-months reset period, making this present breach a second offence.

Mr Davidson referred to the Penalty Guide starting point for a 2nd offence – the greater of  a $500 fine or 50% of the jockey’s share of the stake, in this case $500. There were no aggravating factors. HOMBRE has been a difficult horse. Prior to winning today, it had been a 31-start maiden. Mr Lowry had only struck the horse twice after the 100 metres, Mr Davidson said.

REASONS FOR PENALTY:

After considering the video evidence, the submissions and having due regard for the number and frequency of strikes and the force used, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide referred to by Mr Davidson in his penalty submissions – that is to say, a $500 fine.

CONCLUSION:

The Respondent is fined the sum of $500.