Canterbury JC 7 August 2021 – R5 – Ryan Elliot

SUMMARY OF FACTS:

Ryan Elliot was charged  following Race 5, Road Metals Open Handicap, that he used his whip in an excessive manner prior to the 100 metres when riding CHOSEN PEAK.

EVIDENCE:

Mr Oatham pointed out on a video replay Mr Elliot, riding CHOSEN PEAK, racing towards the rear of the nine-horse field and wide as the field entered the home straight. He pointed out that Mr Elliot commenced using his whip and, from that point to the 100 metres, he used it on a clear 8 occasions. Mr Elliot accepted the alleged number of strikes and had nothing to add. The Committee noted that CHOSEN PEAK finished in 4th placing in the race.

REASON FOR DECISION:

Mr Elliot admitted the charge and it was found proved.

SUBMISSION FOR PENALTY:

Mr Oatham told the hearing that Mr Elliot had a previous breach of the Whip Rule on 15 May 2021 at Rotorua when he was fined $300 for using his whip above shoulder height. On that basis, Stewards were regarding the present offence as a second breach, Mr Oatham said, for which the Penalty Guidelines provide a starting point of a $500 fine.

Mr Elliot argued that his recent breach was for using his whip above shoulder height, which was a different breach from using the whip in an excessive manner. The present breach for using his whip in an excessive manner should, therefore, be regarded as a first breach. Mr Oatham submitted that using the whip above shoulder height came within the definition of excessive under the Guidelines.

REASON FOR PENALTY:

A comment by the Chair of the Judicial Committee in his decision relating to Mr Elliot’s charge at the Rotorua meeting is useful to cite here. He said: “The whip rule includes the manner in which a mount is struck and not just the number of times it is struck. The guidelines are known to all riders and include a prohibition of whip use with the arm raised above the shoulder”.

The charge on that occasion was excessive use of the whip, which Mr Elliot admitted and was found proved. The present charge is also excessive use of the whip, which Mr Elliot has admitted and this Committee has found proved.

The Committee has considered Mr Elliot’s argument that this breach should be viewed as a first breach, but we do not accept that argument.

On the basis then that the present charge is indeed a second offence, Mr Elliot is fined the sum of $500, being the starting point for penalty in the Penalty Guidelines.

CONCLUSIONS:

Ryan Elliot is fined the sum of $500.