Gore RC 24 September 2021 – R8 – (heard at Riccarton on 2 October 2021) – Brandon May

ID: RIB4974

Respondent(s):
Brandon May - Jockey

Applicant:
Mark Davidson, Stipendiary Steward

Adjudicators:
Russell McKenzie

Information Number:
A15861

Decision Type:
Adjudicative Decision

Charge:
Celebratory Gesture Prior to Winning Post

Rule(s):
638 (2)

Plea:
Admitted

Animal Name:
Play The Field

Code:
Thoroughbred

Race Date:
24/09/2021

Race Club:
Gore Racing Club

Race Location:
Gore Racecourse - 136 Gore-Mataura Highway, Gore, 9772

Race Number:
R8

Hearing Date:
02/10/2021

Hearing Location:
Riccarton Park, Christchurch

Outcome: Proved

Penalty: Jockey Brandon May is fined the sum of $250.

SUMMARY OF FACTS:

Jockey, Brandon May, was charged after Race 8, Hokonui Suzuki Handicap, that as the Rider of PLAY THE FIELD in the race he “made a celebratory gesture prior to the winning post”.

The Information was filed with the Adjudicative Committee at the race meeting and was adjourned sine die, Mr May having left the course. It was heard at the meeting of Canterbury JC at Riccarton Park on 2nd October 2021.

Rule 638 provides:

“A Rider shall not make a celebratory gesture prior to his horse passing the winning post”.

SUBMISSIONS:

Mr Davidson showed a video replay of the final 100 metres of the race. At that point, PLAY THE FIELD, ridden by Mr May was in the lead and, just short of the winning post, about two strides, Mr May made an “exuberant” celebratory gesture, Mr Davidson said, which involved his standing in the stirrups and flourishing his whip in his right hand high above his head.

Mr May said that there was a lot of emotion involved. It was the last race and he was tired. He said that it was not the most professional thing to do and it will not happen again.

REASON FOR DECISION:

Mr May has admitted the charge which is found proved accordingly.

SUBMISSION FOR PENALTY:

Mr Davidson said that Mr May had two rides on the day for two wins and was, naturally, excited. He has had 122 rides (5 wins) in New Zealand since he came here in the 2020/2021 season. He has a clear record under the Rule. The Penalty Guide starting point is a fine of $300. Recent penalties have been in the range of $200-300. This breach is in the high range because it was very exuberant. He submitted a fine in the range of $250-300 as being appropriate.

Mr May accepted that Mr Davidson’s submission was very fair and his conduct had been “over the top”, he said.

REASON FOR PENALTY:

In deciding penalty, the Adjudicator had regard to the Penalty Guide starting point (a $300 fine) and recent penalties for breaches under the Rule, which in the five most recent cases ranged from $150 to $500, the latter in a Group 1 Race. The breach was in the mid-high range because of the rather extravagant celebration, involving standing in the stirrups and risking becoming unbalanced. However, Mr May has not offended previously and has made a very frank admission of the breach and shown genuine regret for it.

CONCLUSIONS:

Jockey, Brandon May, is fined the sum of $250.

Decision Date: 02/10/2021

Publish Date: 04/10/2021