Canterbury JC 5 May 2022 – R1 – Chris Carmine

BACKGROUND:

Following the running of Race 1, Vast Billboards & Wai Design Maiden, the Respondent, Class A Jockey Chris Carmine, admitted a charge alleging excessive whip use prior to the 100 metres. It was alleged that the Respondent had used his whip on his mount, CHAMONIX, 7 times 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 remaining on the reins).

EVIDENCE:

Using the available video replays, Mr Davidson demonstrated that CHAMONIX, ridden by the Respondent, was the leader as the field turned into the home straight. Shortly thereafter, the Respondent commenced using his whip and struck his mount a total of 7 times prior to the 100 metres, Mr Davidson said. The Adjudicative Committee noted that CHAMONIX finished 3rd in the 7-horse field.

Mr Carmine accepted the alleged number of strikes and did not wish to add anything.

DECISION:

As the Respondent admitted the breach the Adjudicative Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Mark Davidson, said that the Respondent has two previous breaches of the Rule on his record, both at Ashburton on 6 April 2022 – suspended 5 days for 9 strikes prior to the 100 metres and fined $500 for 7 strikes prior to the 100 metres.

This being a 3rd breach, with 2 additional strikes, the Penalty Guide suggests a penalty of a suspension of 5 days, Mr Davidson said, and Stewards saw no reason to depart from that. Mr Davidson said that the strikes were well-spaced and it was the first race on the synthetic track and over the staying distance of 2200 metres. The straight would have been longer than expected, he said.

The Respondent said that he had riding engagements at the Riccarton meeting on 7 May and sought a deferment of any suspension in order to fulfil those.

REASONS FOR PENALTY:

The NZTR Revised Penalty Guidelines (effective 1 March 2022) prescribe a starting point for penalty, for a 3rd breach within 6 months involving 2 additional strikes, of a 5 national riding days suspension.

The breach is low-end, the strikes being well-spaced but, nevertheless, there were two strikes above the permitted five and it was Mr Carmine’s 3rd breach since 6 April. There are no relevant aggravating or mitigating factors and a penalty in terms of the Penalty Guidelines is appropriate.

CONCLUSION:

The Respondent, Jockey Chris Carmine, is granted a deferment until after 7 May. His Class A Jockey’s licence is suspended for 5 national riding days from after close of racing on 7 May 2022 until after the close of racing on 15 May 2022.