Levin RC 27 July 2024 – R3 – Toni Davies

Evidence

Following the running of Race 3, the Respondent Ms T Davies admitted a charge alleging excessive whip use prior to the 100 metres.

Apprentice Mentor Ms K Clapperton was present to assist.

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 Goodwin demonstrated that the Respondent struck her mount 7 times from the turn into the straight, up to the 100-metre mark.  There were a further 4 until the finish, making a total of 11 strikes.

In response, by way of explanation, Ms Clapperton said the strikes were not at all forceful.

Decision

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

Submissions for Penalty

Mr Davidson produced Ms Davies’ record, which showed this was her 4th excessive whip breach in 6 months. Namely:

February 2024      6 strikes – warning

28th June 2024     7 strikes – $500

29th June 2024     6 strikes – $500

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of March 2024).

Ms Davies asked the Adjudicative Committee to consider substituting part of any suspension with a fine, to allow her to ride ZAPPA JAK at Cambridge on August 8th. Ms Clapperton explained it was not often an Apprentice Rider gets to ride in a $100,000 race.

Mr Davidson said Ms Davies’ record with the whip was not good and Stewards opposed substituting suspensions with monetary penalties.

Ms Davies advised of riding commitments through until Sunday July 28th.

Reasons for Penalty

The Penalty Guide starting point for a 4th breach with 2 additional strikes, is a 5+ day suspension. The Guide is quite clear that there is limited scope or discretion for an Adjudicative Committee to depart from the Penalty Guide when imposing a penalty for a breach of the Whip Rules. To quote “Any departure would need to be carefully evaluated on the basis of exceptional circumstances”.

While the Adjudicative Committee understands Ms Davies’ wish to ride at Cambridge, this does not constitute an exceptional circumstance. The use of the whip is entirely within Ms Davies’ control, and her record over the past 6 months is of concern. There must be a strong deterrent to her and other Riders, that excessive use of the whip will not be tolerated or excused.

After reviewing the film evidence, the submissions, and considering the number and frequency of strikes, the Adjudicative Committee found no compelling reasons to depart from the starting point outlined in the Penalty Guide.

Therefore, Ms Davies is suspended for a period of 6 days.

Conclusion

Ms Davies’ Licence to ride in races is suspended for 6 days, from close of racing on Sunday July 28th, until close of racing on Friday August 9th.