Canterbury JC 7 August 2021 – R9 – Brett Murray

ID: RIB3952

Respondent(s):
Brett Murray - Jockey

Applicant:
J P Oatham, Chief Stipendiary Steward

Adjudicators:
Mr R G McKenzie (Chair) and Ms L Yong

Information Number:
A16554

Decision Type:
Adjudicative Decision

Charge:
Excessive Use of Whip

Rule(s):
638 (3) (b) (ii)

Plea:
Admitted

Animal Name:
Cast In Bronze

Code:
Thoroughbred

Race Date:
07/08/2021

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R9

Hearing Date:
07/08/2021

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Jockey Brett Murray fined $600

SUMMARY OF FACTS:

Jockey Brett Murray was charged that, as the Rider of CAST IN BRONZE in Race 9, Speight’s Rating 65, he used his whip excessively prior to the 100 metres.

EVIDENCE:

Mr Oatham had Stipendiary Steward, Mr M R Davidson, show a video replay of the final metres of the race. He pointed out CAST IN BRONZE, ridden by Mr Murray, racing towards the rear of the field approaching the home turn and then finding a run between runners in the home straight. He pointed to Murray commence using his whip and continue to use his whip on a total of eight occasions prior to the 100 metres. That count was accepted by Mr Murray. The Committee noted that CAST IN BRONZE went on to win the race.

Mr Murray explained that the long straight and testing conditions had caught him out on this occasion.

REASON FOR DECISION:

Mr Murray has admitted the breach which is found proved.

SUBMISSION FOR PENALTY:

Mr Oatham told the Committee that Mr Murray has had problems with the Whip Rule in the past but, over the last 6 months, Stewards have seen some improvement. He has only one charge in the last 6 months – at Wingatui on 2nd July – 8 times prior to the 100 metres, $300 fine. For the present breach, a second offence, the Penalty Guidelines provide for a fine of $500. Stewards were happy to submit that a monetary penalty will suffice on this occasion, but it is an aggravating factor that Mr Murray’s mount, CAST IN BRONZE, went on to win the race. The Committee should consider some uplift for that factor, Mr Oatham said.

Mr Murray had no penalty submission to make other than to express a preference for a fine rather than a suspension.

REASON FOR PENALTY:

The Penalty Guidelines provide for a starting point for a mid-level breach of the Whip Rule of a $500 fine and that is the appropriate starting point in this case. Mr Oatham has submitted that Mr Murray winning the race should be considered an aggravating factor warranting an uplift from that starting point. The Committee agrees. We fix the uplift at $100. There are no relevant mitigating factors.

CONCLUSIONS:

Jockey Brett Murray is fined the sum of $600.

Decision Date: 07/08/2021

Publish Date: 09/08/2021