Canterbury JC 2 October 2021 – R5 – Tina Comignaghi

SUMMARY OF FACTS:

Ms Comignaghi was charged after Race 5, 41 Lots Live On gavelhouse.com Now, that as the Rider of ZAKUNDA in the race, she used her whip in consecutive strides over the concluding stages.

SUBMISSIONS:

Mr Davidson showed a video replay of the concluding stages of the race. He pointed out ZAKUNDA, ridden by Ms Comignaghi, running on in 2nd position nearing the winning post. He then pointed out Ms Comignaghi use her whip in what, he submitted, were three clear consecutive strikes just short of the line when challenging the leader. The Adjudicator noted the margin behind the winner was a 1/2 head.

Ms Comignaghi agreed that the breach was clear. She said that it was difficult to hold back when she is that close to winning a race. She has not yet adjusted to the new Whip Guidelines, she said.

REASON FOR DECISION:

Ms Comignaghi has admitted the breach which is found proved

SUBMISSION FOR PENALTY:

Mr Davidson said that Ms Comignaghi had breached the Whip Rule on two occasions on 18 September at Riccarton, prior to that having had a clear record. The first of those, for which Ms Comignaghi received a $250 fine was for whip use prior to the 100 metres, whereas the second was for consecutive strikes for which she was fined $300. This present breach is a second offence for consecutive strikes, but a third breach of the Whip Rules, he said.

REASON FOR PENALTY:

A possible suspension had been discussed during penalty submissions. The NZTR Revised Penalty Guidelines specify two quite separate categories of whip offence – more than 5 strikes prior to the 100 metres and using the whip in consecutive strides. Those Guidelines go on to provide “a prior offence in any category of breach is included in consideration of penalties”. The Adjudicator takes this to mean that, in the present case, the two previous breaches, although in different categories, make this a third offence.

The Adjudicator finds that the approach should be to regard this breach, certainly as being a third offence but as a third offence under the consecutive strikes part of the Rule. On that basis, for a third breach of the Rule regarding consecutive strikes (3) the Guide provides a penalty of a $500 fine.

CONCLUSIONS:

Ms Comignaghi is fined the sum of $500.