Canterbury JC 14 August 2021 – R4 – Jacob Lowry

ID: RIB4126

Respondent(s):
Jacob Lowry - Jockey

Applicant:
John Oatham, Chief Stipendiary Steward

Adjudicators:
Russell McKenzie and Dave Anderson

Information Number:
A16558

Decision Type:
Adjudicative Decision

Charge:
Excessive Use of Whip

Rule(s):
638 (3) (b) (ii)

Plea:
Admitted

Animal Name:
St Andre

Code:
Thoroughbred

Race Date:
14/08/2021

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R4

Hearing Date:
14/08/2021

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Jockey Jacob Lowry is fined $300

SUMMARY OF FACTS:

Jockey Jacob Lowry was charged after Race 4, Couplands Bakeries Celebrating 50 Years Rating 74, that as the Rider of ST ANDRE he used his whip excessively prior to the 100 metres.

SUBMISSIONS:

Mr Oatham showed video replays of the final 500 metres of the race. He pointed out ST ANDRE, ridden by Mr Lowry, racing in last position in the 7-horse field and running on between runners as the field turned into the home straight. He showed that Mr Lowry used his whip on six occasions from just prior to the 400 metres. Mr Lowry then put the whip away for “quite some distance.” There was one more strike just outside the 100 metres Mr Oatham alleged, seven strikes in total.

Mr Lowry accepted the count of seven strikes as accurate.

REASON FOR DECISION:

Mr Lowry has admitted the breach which is found proved accordingly.

SUBMISSION FOR PENALTY:

Mr Oatham said that Mr Lowry has a clear record under the Rule in the last 6 months. The starting point under the Penalty Guidelines for a first offence is a fine of $300 and Stewards saw that as an appropriate penalty for a low-end breach, Mr Oatham said.

Mr Lowry said that the breach was “pretty clear cut” but he did not believe that his whip use had been “excessive”. He accepted that it was a “numbers thing”. It had been an error of judgement on his part, he said. At the time, he had been counting and had stopped when he thought he had reached five. He misjudged where the 100 metres was on the seventh occasion, he said. It was difficult for Riders in the testing conditions and it was that that had caught him out.

REASON FOR PENALTY:

The Committee noted that the Penalty Guidelines starting point is a fine of $300 for a first offence. There are no aggravating factors (the breach is low-range) or relevant mitigating factors and, accordingly, there is no need to depart from that starting point in this case.

CONCLUSION:

Mr Lowry is fined the sum of $300.

Decision Date: 14/08/2021

Publish Date: 16/08/2021