Marton JC 8 January 2022 – R1 – Leah Hemi

Evidence

Following the running of Race 1, the Respondent Ms L Hemi, admitted a charge alleging use of whip in consecutive strides over the concluding stages.

Rule 638(3)(g)(ii) provides that in a Flat Race a Rider must not:

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Using the available race films Stipendiary Steward Mr Goodwin demonstrated that Ms Hemi struck her mount 2 times consecutively over the concluding stages of the race.  Ms Hemi ran second in the race with official margins of a nose between each of the first 4 runners.   

Decision

As Ms Hemi admitted the breach the Adjudicative Committee finds the breach proved (Rule 915(1)(d).

Submissions For Penalty

Mr Goodwin produced the Respondent’s record which showed no whip charges within the preceding 6 month period however Ms Hemi was warned for consecutive whip use in September at Wanganui.

Stewards sought a penalty commensurate with the NZTR Revised Penalty Guide for improper whip use (as of 1 September 2021).

Ms Hemi’s  share of the stake was $277.50.

She made no submissions on penalty.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is as follows:

For breaches of the Whip Rule relating to consecutive strikes:

2 consecutive strikes Warning. -If offence after prior warnings or if subsequent to prior offences, Stewards discretion to charge on same basis as 3 consecutive strikes.

3 consecutive strikes 1st offence – greater of a $150 fine or 50% of jockey stake.

After considering the film evidence and the submissions and having due regard for the number of consecutive strikes, as well as the Respondent’s share of the stake, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis Ms Hemi is fined $150.

Conclusion

Ms Hemi is fined $150.