Canterbury JC 18 September 2021 – R9 – Tina Comignaghi

SUMMARY OF FACTS:

Following Race 9, Martin Collins New Zealand Cup Trial, Ms Comignaghi was charged that, as the Rider of TAKE THE DEEL in the race, she used her whip in three consecutive strides near the 50 metres. The Rule provides that a Rider must not strike a horse with a whip in consecutive strides at any stage of the race.

EVIDENCE:

Mr Davidson had Stipendiary Steward, Veronica Algar, show video replays of the final stages of the race. She pointed out TAKE THE DEEL, ridden by Ms Comignaghi, in a tight finish for 2nd, 3rd and 4th placing just short of the finishing line. Ms Algar then pointed out Ms Comignaghi use her whip on three occasions in consecutive strides before the finishing line.

Ms Comignaghi said that the breach was clear. She was still “getting her head around” the Rule (which came into effect on 1 September 2021), she  said, and she was fighting out a close finish for 3rd and 4th placing (it was noted that TAKE THE DEEL finished 4th, the margin from 3rd being a 1/2 head).

REASON FOR DECISION:

Ms Comignaghi has admitted the breach which is found proved.

SUBMISSION FOR PENALTY:

Mr Davidson referred the Adjudicator to the earlier breach of the Whip Rules by Ms Comignaghi in Race 1 today, prior to which she had a clear record. That breach was for exceeding  five strikes prior to the 100 metres and she had been fined $250 as a first offence. Mr Davidson submitted that this breach should be regarded as a second offence, for which the Penalty Guidelines prescribe a fine of $300.

REASON FOR PENALTY:

This was a clear breach of the Whip Rules involving three consecutive strikes. The Penalty Guidelines provide for a fine of $150 for a first offence of three consecutive strikes, and a fine of $300 for a second offence. The Adjudicator noted the submission of Mr Davidson and, also, the provision in the Guidelines where it states that “a prior offence in any category of breach is included in consideration of penalties”. The effect of this provision is that the present breach should be treated, for the purposes of penalty, as a second offence having regard to Ms Comignaghi’s earlier breach in Race 1 today, albeit it for a different category of whip offence.

CONCLUSIONS:

Jockey Tina Comignaghi is fined the sum of $300.