Canterbury JC 6 May 2023 – R4 – Lily Sutherland

BACKGROUND:

Following the running of Race 4, David Emerson Accountant & Business Consultant Rating 65, Class B Jockey, Lily Sutherland, as the Rider of WHERE’S WALLY in the race, admitted a charge that she struck her mount with the whip 6 times prior to the 100 metres.

She was assisted at the hearing by Apprentice Jockey Mentor, David Walsh.

Rule 638(3) provides:

(g)     Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), 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:

Chief Stipendiary Steward, John Oatham, showed a video replay of the final 200-300 metres of the race. He pointed out WHERE’S WALLY, ridden by the Respondent, racing three horses off the fence, and improving, as the field turned into the home straight.

Mr Oatham showed that there were “three lots of two” strikes from that point to the 100 metres. Inside the 100 metres, there were a further three strikes. WHERE’S WALLY won the race by a “comfortable margin”, 1¾ lengths, Mr Oatham said.

The Respondent did not wish to comment.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham said that the Respondent has four previous breaches of the Rule on her record:

• on 9 November 2022 at Riccarton – 8 days (7 strikes)
• on 19 November 2022 at Awapuni – 10 days (7 strikes)
• on 9 March at Riccarton – 3 days and $500 fine (6 strikes)
• on 10 April at Riverton – 5 days (6 strikes)

Mr Oatham said that the Respondent had been referred to the Rider Skills Review Panel after the November breaches and her record had improved for a while – no breaches in almost 4 months. However, this breach is now the 3rd in the last 2 months.

For a 5th breach, the Penalty Guide specifies a penalty of a suspension of 5+ national days. The only possible aggravating factor is that the Respondent went on to win the race, Mr Oatham said.

The Respondent requested a deferment of suspension until after racing on 13 May next.

REASONS FOR PENALTY:

The RIB Thoroughbred Racing Penalty Guide (February 2023) suggests a starting point for penalty for a 5th breach involving one additional strike of a “Suspension 5+ National Days”. This was low-level breach in the Adjudicative Committee’s view. The six strikes were spaced and not unduly forceful. The Adjudicative Committee has also taken into account the totality of the whip use, with only three further strikes inside the final 100 metres. The Adjudicative Committee does not consider the fact that the Respondent won the race, to be an aggravating factor on this occasion. A 5-days suspension is appropriate.

CONCLUSION:

The Respondent’s request for a deferment is granted.

The Respondent is suspended from after the end of racing on 13 May 2023, up to and including 24 May 2023 – 5 national riding days.