Hawkes Bay RI 18 September 2021 – R4 – Danielle Johnson

SUMMARY OF FACTS:

The Information alleged a breach of Rule 638 (3) (g) (i) in that D Johnson (VENATO) used her whip in 5 successive strides inside the 100m.

At the outset of the hearing, Ms Johnson confirmed she understood the Rule and admitted the breach.

Mr Oatham played both the head and side-on videos of the final stages of the race. Ms Johnson was coming through a gap around the 100m mark and briefly reached the front. From there she used her whip 5 times consecutively which, under the new Guidelines, is no longer allowed. Ms Johnson finished in 3rd place.

REASON FOR DECISION:

Ms Johnson admitted the breach, therefore the charge was deemed proved.

SUBMISSION FOR PENALTY:

Mr Oatham said this was Ms Johnson’s first charge under the revised whip protocols and submitted a fine in line with the Guidelines be imposed. Ms Johnson said she had been riding for 12 years and her whip use was usually within the Guidelines prior to the 100m. She believed it would take a while to get used to this new part of the Rule where consecutive use of whip after the 100m was not allowed.

REASON FOR PENALTY:

The Committee had regard to the revised Penalty Guidelines.

For consecutive whip use of 4-5 strikes within the final 100m the starting point for a first offence is the greater of a $400 fine or 50% of the Jockey’s share of the stake.  Ms Johnson finished in 3rd place and earned $180.

There were no aggravating factors requiring an uplift from the starting point.

CONCLUSIONS:

Accordingly  Ms Johnson is fined the sum of $400.