Matamata RC 24 February 2024 – R7 – Billy Jacobson

EVIDENCE:

Following the running of Race 7, the Respondent Class A Rider Mr B Jacobson, admitted a charge alleging he struck his mount LAVENDER HAZE in two consecutive strides near the 100 metres.

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.

At the commencement of the hearing, Mr Jacobson confirmed his admission of the breach and that he understood the nature of the charge.

Using the available race films, Senior Stipendiary Steward Mr B Jones demonstrated that Mr Jacobson struck his mount (LAVENDER HAZE) in consecutive strides near the 100 metres. He said that LAVENDER HAZE finished fourth.

DECISION:

As Mr Jacobson admitted the breach, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Jones submitted that this is Mr Jacobson’s fourth breach of the Rule within the 6 month reset period.  The first breach resulted in a warning and the second and third breaches both occurred on the same day on 9 December 2023, and resulted in fines of $150 and $250.

Mr Jones submitted that in Black Type Races, the penalty to be imposed is the greater of either a $500 fine, or a fine equal to 50% of the Rider’s share of the stake money earned. In this case, a Group 2 Race, Mr Jacobson’s 50% share of the stake for finishing fourth was $187.  On that basis, Mr Jones submitted that a $500 fine would be appropriate.

Mr Jacobson had nothing further to add regarding penalty, but said that he is making a concerted effort to adjust his whip action and style to meet the requirements of the NZTR Whip Rules.

REASONS FOR PENALTY:

The Penalty Guide starting point for a breach of this nature is a $500 fine, unless the breach occurred in a Black-Type Race. As submitted by Mr Jones, this breach was in a Group 2 Race and Mr Jacobson’s (50%) share of the stake was $187.  Therefore, after considering the film evidence and the submissions, the Adjudicative Committee determined a fine of $500 to be appropriate in the circumstances.

CONCLUSION:

Class A Rider, Mr Jacobson is fined $500.