Otaki-Maori RC 13 April 2024 – R1 – Kelly Myers

ID: RIB41004

Respondent(s):
Kelly Anne Myers - Jockey

Applicant:
Mr Neil Goodwin - Senior Stipendiary Steward

Adjudicators:
Mr Bruce Mainwaring, Mrs Nicki Moffatt

Persons Present:
Mr Keith Coppins - Stipendiary Steward, Mr Neil Goodwin - Senior Stipendiary Steward, Ms Myers

Information Number:
A17454

Decision Type:
Race Related Charge

Charge:
Excessive Whip Use

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
Dealornodeal

Code:
Thoroughbred

Race Date:
13/04/2024

Race Club:
Otaki-Maori Racing Club

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

Race Number:
R1

Hearing Date:
13/04/2024

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

Outcome: Proved

Penalty: Jockey Kelly Myers is suspended 6NR days

Background:

Following the running of Race 1 ‘The Tele Otaki Maiden”, an Information was lodged alleging a breach of Rule 638(3)(g)(i).

Details of the breach are as follows:

‘in that K Myers (Dealornodeal), used her whip excessively prior to the 100 metres’.

Ms Myers confirmed to the Adjudicative Committee that she understood the Rule and admitted the breach.

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

(i) except as provided for in (iii)(A) of this sub rule, 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); 

Evidence:

Using available film, Stewards identified the incident. From the top of the straight, to just prior to the 100 metre mark, Ms Myers is seen to strike her mount on 9 occasions.

Ms Myers confirmed that she agreed with the count. Whilst not excusing her actions, she did comment that she may have been caught out by track conditions.

Decision:

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

Submissions for Penalty:

Stewards advised that Ms Myers has had one previous breach of this Rule within the last six months – namely 5th January 2024 at Whangarei RC, 7 strikes – $250 fine. The Adjudicative Committee was referred to the current NZTR Penalty Guide. Ms Myers asked that in the event of imposition of a suspension, same be deferred until after the Auckland TR Meeting on 20th April 2024.

Reasons for Penalty:

The breach is clearly identified by film. The current NZTR Penalty Guide provides for, in the circumstance of 2nd offence 4 or more additional strikes, a suspension of 5+ National Days. After consideration of all pertinent matters, a 6 day suspension was deemed an appropriate sanction.

Conclusion:

Ms Myers’ Licence to ride in races is suspended for 6 National Riding Days. Deferment is granted, with suspension to take effect from the close of Racing on 20th April 2024, up to and including 28th April 2024.

Decision Date: 13/04/2024

Publish Date: 15/04/2024