Canterbury JC 6 November 2021 – R8 – Samantha Wynne

SUMMARY OF FACTS:

Following Race 8, Al Basti Equiworld Dubai 49th New Zealand 2000 Guineas (Group 1), Jockey Samantha Wynne was charged that as the Rider of MACKENZIE LAD in the race, she used her whip 7 times prior to the 100 metres.

The Rule provides that a Rider must not strike a horse with a whip more than 5 times prior to the 100 metre mark.

SUBMISSIONS:

Mr Oatham showed video replays of the final 400 metres of the race. He pointed out MACKENZIE LAD, ridden by Ms Wynne, racing outside the leader as the field turned into the home straight. He then showed that Ms Wynne used her whip 7 times, after giving her the benefit of the doubt in respect of two earlier strikes, prior to the 100 metres. The final strike was very close to the 100 metres, he said. Ms Wynne accepted the alleged count. The strikes were well spaced and were just backhand, and nothing aggressive. It was purely the count – two above the permitted five – that was of concern, Mr Oatham said.

Ms Wynne did not wish to comment.

REASON FOR DECISION:

Ms Wynne has admitted the charge which is found proved accordingly

SUBMISSION FOR PENALTY:

Mr Oatham said that Ms Wynne’s record is “not great”. She had two breaches on the same day at Winton on 10 October – 3 consecutive strikes ($300 fine) and 2 consecutive strikes ($500 fine) and, more recently, at Ashburton on 31 October (6 times prior to the 100 metres, fined $250). He believed that that latter breach should have been treated as a 3rd breach, albeit under a different section of the Rule, and not a first breach as it was treated.

Be that as it may, this breach is now the 4th breach in a short period of time, although the previous breaches appear to be minor breaches. The Penalty Guide starting point for a 4th breach is a 5-plus days suspension plus 50% of the Jockey’s share of the stake. Mr Oatham pointed out that the race was a Group 1 race for a stake of $500,000. For that factor and for what was a minor breach of the Rule, the Committee might wish to consider, rather than increasing the term of suspension, uplifting the amount of the fine component, Mr Oatham said. The whip had not been used to any advantage, MACKENZIE LAD finishing in only 6th placing, Mr Oatham said. He did not believe that the nature of the breach warranted an increase in the term of suspension.

Ms Wynne said that she was unaware that a fine could be added to a suspension as part of a penalty for a whip breach. Mr Oatham explained the Penalty Guidelines to Ms Wynne, after which she expressed that she would prefer an uplift to the fine component of the penalty rather than any increase in the suspension term.

REASON FOR PENALTY:

This breach is Ms Wynne’s fourth breach of the Whip Rules in less than one month. This is of concern. However, as whip breaches go, this breach is certainly at the lower end. The strikes were not delivered with any degree of force, were well-spaced and, hence, did not look bad.

We note the starting point for penalty for a 4th breach under the NZTR Revised Penalty Guidelines of a 5-plus days suspension, plus a fine of 50% of the Jockey’s share of the stake – in this case, that 50% share being $187.50.

The Committee is satisfied that any uplift of penalty for the status of the race and stake payable, which would normally be applied in this case, can be partially offset by, firstly, the minor nature of the breach and, secondly, the fact that Ms Wynne gained no advantage whatsoever. We have considered Mr Oatham’s submission that we should consider an uplift to the fine component of the penalty, as opposed to increasing the term of suspension from the starting point of  5 days. That seems fair in the circumstances.

CONCLUSION:

Ms Wynne had a term of suspension imposed for a careless riding breach earlier today. That suspension concludes after the close of racing on 25 November.

Jockey Samantha Wynne’s Jockey’s Licence (Class A) is suspended from 26 November up to and including 2 December 2021 – 5 national riding days. In addition, she is fined the sum of $500.