Hawkes Bay RI 2 July 2022 – R7 – Dylan Turner

Evidence

Following the running of Race 7, the Respondent D Turner 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)

Using the available race films Mr Oatham demonstrated that Mr Turner struck his mount 6 times from the straight entrance to the 100-metre mark.  He pointed out that the 6th strike was very close to the 100m mark designated by the red line on the running rail. Mr Turner went on to win the race.

Mr Turner agreed that he had hit his mount one more time than the Guidelines allow.

Decision

As Mr Turner admitted the breach the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Oatham produced Mr Turner’s record which showed one previous charge within the last 6 months in February this year for which Mr Turner was suspended for 7 days and fined $200. Mr Turner explained that the reason for the suspension on that occasion was the Group 1 status of the race.

Mr Turner had nothing further to say in regard to penalty.

Reasons For Penalty

The Penalty Guide starting point for a 2nd breach of this nature is $250 when there is one additional strike (as per updated NZTR Penalty Guide dated 1 March 2022).

Due to the long margin, and the comfortable manner in which Mr Dylan won the race, the Adjudicative Committee did not consider the win to be an aggravating factor on this occasion.  There were no other reasons to depart from the starting point set out in the Penalty Guide.

On that basis the Respondent is fined $250.

Conclusion

Mr Turner is fined $250.