Otaki-Maori RC 28 June 2024 – R5 – Toni Davies

ID: RIB43909

Respondent(s):
Toni Davies - Apprentice Jockey

Applicant:
Mr Neil Goodwin - Senior Stipendiary Steward

Adjudicators:
Mr Bruce Mainwaring

Persons Present:
Mr Neil Goodwin - Senior Stipendiary Steward, Mr John Oatham - Chief Stipendiary Steward, Ms Davies, Ms Kim Clapperton - assisting Ms Davies

Information Number:
A18990

Decision Type:
Race Related Charge

Charge:
Excessive Whip Use

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

Plea:
Admitted

Animal Name:
Timmy

Code:
Thoroughbred

Race Date:
28/06/2024

Race Club:
Otaki-Maori Racing Club

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

Race Number:
R5

Hearing Date:
28/06/2024

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

Outcome: Proved

Penalty: Apprentice Jockey Ms Toni Davies is fined $500

Background:

Following the running of Race 5, the ‘Aquashield Roofing Maiden’ an Information was lodged alleging a breach of Rule 638(3)(g)(i). Details are as follows:

‘in that she used her whip on Timmy excessively‘.

Rule 638(3)(g)(i) provides – a Rider must not:

(i) except as provided for in (iii)(A) and (iii)(B) 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); where

(iii) it shall not be a contravention of (i) of this sub-Rule if:

(B) A Rider strikes a horse 7 times prior to the 100 metre mark, provided that the Rider does not strike the horse more than 3 times after the 100 metre mark.

The Respondent confirmed to the Adjudicative Committee that she understood the Rule and admitted the breach. This was endorsed by Ms Clapperton.

Evidence:

Using available film, Stewards identified the incident. The Respondent is seen to strike her mount on 2 occasions just prior to the straight and on a further 5 occasions, between same and the 100 metre mark. The horse is then struck a further 5 times prior to the finish line. Ms Davies agreed with the count.

Decision:

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

Submissions for Penalty:

Stewards outlined the Respondent’s record, as it related to any breach of this particular Rule within the last six months. A warning was issued after a breach on 28 February 2024. The Adjudicative Committee was referred to the current NZTR Penalty Guide.

Reasons for Penalty:

Film identified the breach. The current NZTR Penalty Guide provides for a $500 fine in circumstance of 2nd breach, 2 additional strikes. The Adjudicative Committee found no reason to deviate from this penalty.

Conclusion:

Apprentice Jockey Ms Toni Davies is fined $500.

Decision Date: 28/06/2024

Publish Date: 01/07/2024