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Levin RC 19 December 2024 – R2 – Marc Lerner

ID: RIB49640

Respondent(s):
Marc Lerner - Jockey

Applicant:
Mr Neil Goodwin - Senior Stipendiary Steward

Adjudicators:
Mr Bruce Mainwaring

Persons Present:
Mr Neil Goodwin - Senior Stipendiary Steward, Ms Kelly Jillings - Stipendiary Steward, Mr Lerner

Information Number:
A17763

Decision Type:
Race Related Charge

Charge:
Whip Use Above Shoulder Height

Rule(s):
638(3)(f)(ii) - Contravention whip rule

Plea:
Admitted

Stewards Report

Results

Animal Name:
Albarossa

Code:
Thoroughbred

Race Date:
19/12/2024

Race Club:
Levin Racing Club

Race Location:
Otaki Racecourse - Te Roto Road, Otaki, 5512

Race Number:
R2

Hearing Date:
19/12/2024

Hearing Location:
Otaki Maori Racecourse 47 Te Roto Road Otaki 5512

Outcome: Proved

Penalty: Rider Marc Lerner is fined $250

Background:

Following the running of Race 2, the ‘Happy Hire 3yo Maiden’, an Information was lodged alleging a breach of Rule 638(3)(f)(ii). Details are as follows:

‘in that he struck his mount ALBAROSSA with arm raised above shoulder height in the home straight’.

Rule 638(3)(f)(ii) provides:

(f) A Rider must not use his or her whip:

(ii) using an action that raises the Riders arm above shoulder height.

The Respondent confirmed to the Adjudicative Committee that he admitted the breach.

Evidence:

Using available film, Stewards identified the incident. In the straight, ALBAROSSA  was positioned away from the fence and finishing strongly. Mr Lerner is seen to strike his mount twice with the action commencing from well above shoulder height.

Mr Lerner was asked for comment. This was his first ride in New Zealand since relocating here. He did assure the Adjudicative Committee he had made himself aware of the current Whip Rules and his actions were an error in judgement. He did add that his actions were compliant in Singapore. He did confirm that he was briefed by Stewards before the meeting, as to his obligations under the Whip Rules.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee found the breach proved.

Submissions for Penalty:

The Adjudicative Committee was referred to the current NZTR Penalty Guide.

Reasons for Penalty:

Available film clearly identified the alleged breach.  The current NZTR Penalty Guide provides for a $250 fine for a first offence breach under this particular Rule. In determining penalty, the Adjudicative Committee remained cognizant that the Respondent was having his first ride in New Zealand. Nonetheless, he was made aware of his obligations prior to the meeting, whilst it does remain incumbent on Jockey’s to be aware of the Whip Rules. Conversely, given the number of strikes, an uplift in penalty may have been warranted. On balance, a fine of $250 was deemed appropriate.

Conclusion:

Mr Lerner is fined a sum of $250.

Decision Date: 19/12/2024

Publish Date: 20/12/2024