Canterbury JC 9 November 2022 – R3 – Daniel Stackhouse

BACKGROUND:

Following the running of Race 3, NZB Ready To Run Sale Trainers Series, the Respondent Jockey, Daniel Stackhouse, admitted a charge alleging excessive whip use prior to the 100 metres. It was alleged that, as the Rider of BETTY SPAGHETTI in the race, he struck his mount 7 times prior to the 100 metres.

Rule 638(3)(g)(i) provides that “a Rider must not 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:

Mr Davidson had Chief Stipendiary Steward, John Oatham, point out BETTY SPAGHETTI, ridden by the Respondent, improving 4-wide as the field turned into the final straight. Mr Oatham showed that, just after passing the the 400 metres, the Respondent commenced using his whip and, from that point, he struck his mount 7 times prior to reaching the 100 metres.

The Respondent said that the breach was very evident from the replay.

DECISION:

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

SUBMISSIONS FOR PENALTY:

For a first offence involving two strikes over the permitted five, the NZTR Revised Penalty Guidelines suggest a starting point of $250 fine, Mr Davidson said. This breach may be regarded as a first offence. However, he said, the Respondent had won the race, and this should be regarded as an aggravating factor. The Respondent is a former New Zealand Rider who has been riding successfully in Melbourne for 10 years, and has not ridden in this country since that time. The Whip Rules are stricter in New Zealand than in Melbourne, Mr Davidson said.

The Respondent said that this was his first time riding in New Zealand for some time. He had struck his mount only 10 times in total, he said, and none were consecutive.

REASONS FOR PENALTY:

Treating the breach as a first offence, the Penalty Guidelines suggest a penalty starting point of a $250 fine for 2 additional strikes, as in this case. We agree with Mr Davidson’s submission that an aggravating factor is that the Respondent won the race. We are taking this into account by way of an uplift of $100 from the starting point. In saying that, we add that we do not consider that the Respondent gained any advantage, having only struck his mount three times in the final 100 metres and going on to win the race by a comfortable 1/2 length.

CONCLUSION:

The Respondent Jockey, Daniel Stackhouse, is fined $350.