Otago RC 4 March 2023 – R8 – Brandon May
ID: RIB16806
Animal Name:
FAME SHINES
Code:
Thoroughbred
Race Date:
04/02/2023
Race Club:
Otago Racing Club
Race Location:
Wingatui Racecourse - 285 Gladstone Road North, Mosgiel, Dunedin,
Race Number:
R8
Hearing Date:
04/03/2023
Hearing Location:
Wingatui
Outcome: Proved
Penalty: Jockey Brandon May, suspended 8 days
Background
Mr Davidson alleged that in Race 8, Mr May struck his mount FAME SHINES, 8 times prior to the 100 metres.
Mr Davidson demonstrated on the videos that the Respondent was racing just back of midfield as the field turned for home, when he mounted a run two from the outside. He struck his mount FAME SHINES, 4 times before there was a pause and then another 4 times before the 100 metres.
Mr May said it was a misjudgment. The horse was in contention. He was not sure how many strikes he had given the horse and that was why he had paused. He thought he would have been within the Rules with his last 4 strikes. He said by way of mitigation, that he had not struck FAME SHINES in the last 100 metres. Mr Davidson confirmed this was correct.
Decision
As Mr May has admitted the breach, it is found to be proved.
Submissions as to penalty
Mr Davidson produced the Respondent’s record which showed 4 breaches in the previous 6 months: 26 December 2022; 21 and 28 January 2023; and 4 February 2023. He submitted that a penalty in accordance with the RIB Penalty Guide was appropriate.
Mr May accepted this and did not seek a deferment of penalty.
Reasons for Penalty
Mr May has struck FAME SHINES 8 times prior to the 100 metres. He has paused after 4 strikes, and then there is another 4. While he has clearly struck the horse too many times, the videos confirm that he did not use the whip in the final 100 metres. The NZTR Guidelines provide for a penalty of 5 plus National Days where there are 3 additional strikes, and the Jockey has 4 previous breaches in the past 6 months.
Conclusion
Mr May is suspended from the end of riding today up to and including 18 March. This is 8 National Days. As this is the Respondent’s fifth breach of the Whip Rule in a short period of time, the Adjudicative Committee raised the issue with the Stewards of whether Mr May should again be referred to the NZTR Rider Skills Review Panel pursuant to r 343.
Decision Date: 04/03/2023
Publish Date: 07/03/2023