Hawkes Bay RI 10 September 2022 – R9 – Darren Danis
Hawkes Bay Race Club
Hastings Racecourse - 200 Prospect Road, Hastings, 4122
Penalty: Jockey Darren Danis is fined $500
Following the running of Race 9, the Respondent Mr D Danis 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 Mr Oatham demonstrated that Mr Danis struck his mount 7 times from the straight entrance to the 100-metre mark.
Mr Danis agreed that he was two strikes over the five allowed.
As Mr Danis admitted the breach the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).
Submissions For Penalty
Mr Oatham produced Mr Danis’ record which indicated one previous breach in June 2022 where Mr Danis struck his mount eight times and was suspended for 6 days.
Mr Oatham said although today’s breach occurred in a Group 1 Race, Mr Danis was unplaced. He submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).
Reasons For Penalty
The Penalty Guide starting point for a breach of this nature is set out below.
|Offence||1 additional strike||2 additional strikes||3 additional strikes||4 or more additional strikes|
|1st||Warning||$250||$500||Suspension 5 National Days|
|2nd||$250||$500||Suspension 5 National Days||Suspension 5+ National Days|
|3rd||$500||Suspension 5 National Days||Suspension 5+ National Days||Suspension 5+ National Days|
|4th||$500 + Suspension 2 National Days||Suspension 5+ National Days||Suspension 5+ National Days||Suspension 5+ National Days|
|5th and following||Suspension 5+ National Days||Suspension 5+ National Days||Suspension 5+ National Days||Suspension 5+ National Days|
This is Mr Danis’ 2nd breach in 6 months and he was two strikes over the well-established Guidelines. After considering the film evidence, the submissions and having due regard for the number and frequency of strikes, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.
On that basis the Respondent is fined $500.
Mr Danis is fined $500.
Decision Date: 10/09/2022
Publish Date: 13/09/2022