Riccarton Park-Canterbury JC 29 July 2022 – R2 – Brandon May

ID: RIB10217

Respondent(s):
Brandon May - Jockey

Applicant:
Veronica Algar - Stipendiary Steward

Adjudicators:
Stewart Ching

Persons Present:
John Oatham - Chief Stipendiary Steward

Information Number:
A12593

Decision Type:
Adjudicative Decision

Charge:
Breach of whip Rule

Rule(s):
638(3)(g)(i) - Whip Rule

Plea:
Admitted

Animal Name:
RED SUNDAY

Code:
Thoroughbred

Race Date:
29/07/2022

Race Club:
Canterbury Jockey Club

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

Race Number:
R2

Hearing Date:
29/07/2022

Hearing Location:
Riccarton Park

Outcome: Proved

Penalty: Jockey Brandon May - suspended 8 days

Evidence

Following the running of Race 2, the Respondent, Class A Rider, Brandon May,  admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race 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); or

Using the available race films Stipendiary Steward, Ms Veronica Algar demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark.  She pointed out that there were 4 strikes initially, then 2 more just prior to the 100m.

In response, by way of explanation the Respondent, Mr May said that he thought he was inside the 100m with the last 2 strikes and had misjudged the distance to the post.

Decision

As the Respondent, Brandon May, admitted the breach the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Ms Algar produced the Respondent’s record which indicated 5 previous breaches of this Rule within a 6 month period.

– Riccarton 25 February – 2 breaches resulting in a $250 fine (6 strikes) then a $500 fine (6 strikes)

– Otago 1 May – $500 fine (6 strikes)

– Riccarton 3 June – 7 day suspension (8 strikes)

– Riccarton 25 June – 7 day suspension (6 strikes)

Stewards submitted a penalty commensurate with 5 plus breaches with the aggravating factor of Mr May’s penalty record, also to be taken into consideration.

The Respondent, Mr May, made no submissions on penalty apart from requesting any suspension begin immediately.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out below. (Select appropriate starting point based on circumstances of case)

For breaches of the Whip Rule prior to the 100m mark:

– 5th offence and following, starting point 5+ national day suspension.

After considering the film evidence, the submissions and having due regard for the number  of strikes and the aggravating factor of Mr May’s poor record, the Adjudicative Committee determined that an uplift from the 5 days was warranted. That uplift the Adjudicative Committee sets at 3 days.

As this is the Respondent’s 5th breach a suspension of 8 days is imposed.

Conclusion

The Respondent, Mr May is suspended for 8 days from close of racing today 29 July until close of racing on 17 August 2022.

Decision Date: 29/07/2022

Publish Date: 01/08/2022