Otaki-Maori RC 26 December 2024 – R5 – Marc Lerner

Following the running of Race 5, Mr Lerner admitted a breach of Rule 638(3)(f)(ii)  in that he used his whip with arm above shoulder height in the final straight on his mount GO HUGO.

Rule 638(3)(f)(ii) provides:

(f) A Rider must not use his or her whip:

(ii) using an action that raises the Rider’s arm above shoulder height.

Evidence:

Using the head-on film, Stewards identified the incident. In the straight, GO HUGO was positioned one from the outside and Mr Lerner could clearly be seen to raise his whip very high, above his shoulder, on one occasion. Mr Goodwin said Mr Lerner had ridden approximately 500 winners around the world and was still coming to terms with riding in New Zealand. He emphasised that there was no intentional disregard for the Rules.

Mr Lerner explained there were no whip restrictions in Singapore, so when he decided to ride in New Zealand, he made a considerable effort to modify his riding style. However, in the final stages of this race, he inadvertently reverted to his usual whip technique. Mr Lerner expressed sincere apology and disappointment in his actions.

Decision:

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

Submissions for Penalty:

Mr Goodwin said this was Mr Lerner’s 2nd breach since he started riding in New Zealand a week ago.

Reasons for Penalty:

In determining the penalty, the Adjudicative Committee considered several factors. They noted Mr Lerner’s recent transition to riding in New Zealand, after experience in France, Germany, and Singapore. In Singapore, there were no restrictions on whip use or height. The Adjudicative Committee also recognised his efforts to familiarise himself with New Zealand’s Rules of Racing prior to his arrival and took into account, his previous fine of $250 for a similar breach on his first day of riding in New Zealand.

Conclusion:

Despite it being customary to increase penalties for repeated breaches, the Adjudicative Committee showed some leniency, due to Mr Lerner’s circumstances. It considered his recent arrival, genuine remorse, and the isolated nature of the incident. Consequently, the Adjudicative Committee decided to maintain the penalty at $250, the same as his previous offence, rather than increasing it.