Canterbury JC 20 January 2022 – R1 – Tina Comignaghi

EVIDENCE:

Following the running of Race 1, Riccarton Park Function Centre Maiden, Jockey, Tina Comignaghi admitted a charge alleging excessive whip use prior to the 100 metres.

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 reminding on the reins).

Using the available video replays, Chief Stipendiary Steward, John Oatham, demonstrated that the Respondent struck her mount 7 times from the straight entrance to the 100 metre mark. Her mount went on to win the race by a 1/2 length margin, he said.

In response, by way of explanation, the Respondent said she accepted the alleged count of 7 strikes. She has recently been riding on the West Coast circuit on tight tracks and, going to a maiden 2000 metres at Riccarton with its long straight, had caught her out. She felt that her mount was “idling a bit”. There were no excuses, she said.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Oatham produced the Respondent’s record which indicated four previous breaches of the whip Rule:

18 September 2021 at Riccarton (two breaches) – fined $250 for 6 times prior to the 100 metres and fined $300 for using whip in consecutive strides

2 October 2021 at Riccarton – fined $500 for using whip in three consecutive strides

10 October 2021 at Winton – suspended 5 days and fined $100 for using whip in consecutive strides.

This breach was, therefore, a 5th breach, Mr Oatham said. The NZTR Revised Penalty Guide (from 1 September 2021) provides for a penalty of 5+ days suspension and a fine of 50% of the jockey’s share of the stake for a 4th breach, with each consecutive penalty to be increased by 1-2 days. Ms Comignaghi’s 50% share of the stake in this instance is $168, he said.

Pursuant to Rule 1006(2)(b), the Respondent requested a deferment of any proposed suspension to enable her to fulfil riding engagements at the Riccarton meeting on 29 January.

REASONS FOR PENALTY:

The Penalty Guide for a 4th breach of this nature is a starting point of 5+ national riding days suspension plus 50% of jockey share of stake. This offence is a 5th and the guide provides that each consecutive penalty in 6 months is to be raised 1 or 2 days.

After considering the video evidence, the submissions and having due regard for the number and frequency of strikes, the force used and the Respondent’s share of the stake ($168), the Committee determines there are no compelling reasons to depart from the Penalty Guide starting point – that is to say, 5 days plus additional days for the 5th offence. The Committee fixes the number of additional days in this case at two.

CONCLUSION:

The Respondent is granted a 9-day deferment. Her Licence to ride in races is suspended for 7 national riding days, from close of racing on 29 January 2022 until close of racing on 10 February 2022.

In addition, a fine of $200 is imposed.