R Rotorua 13 October 2024 – R3 – Donavan Mansour

Evidence:

Following the running of Race 3, Mr Jones presented an Information charging Mr Mansour, the Rider of “AMAZONIA”, with a breach of Rule 638(3)(g)(ii), in that he struck his mount in two consecutive strides near the 75 metre mark.

Mr Mansour admitted the breach.

Mr Jones illustrated the breach of the Rule from the race film, which showed Mr Mansour, when leading the field at approximately 75 metres from the finish, applying his whip in consecutive strides on one occasion.  “AMAZONIA” went on to win the race by a short neck.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Jones advised that under this section of the Whip Rule, Mr Mansour had 2 previous breaches. As provided for under the Penalty Guide, he had received a warning on 21 September 2024, and a $200 fine for a breach of the Rule on 5 October 2024. The fine on 5 October was subject to an uplift of $50 as he had won the race which, while not a black type race, had a stake of $80,000.

Mr Mansour said that he had realised he was going to use the whip in consecutive strides and had tried to pull out of the second strike. However, the race film clearly showed that there was a second consecutive strike.

Mr Jones noted that the Penalty Guide provided for a $300 fine. He commented that Mr Mansour had won the race by a short neck, which could be taken into account in setting the fine.

Mr Mansour had no comment regarding penalty.

Reasons for Penalty:

The NZTR Penalty Guide provides for a starting point fine for a third offence of $300.  While Mr Mansour’s mount won the race, it is not a black type race and the stake was $25,000. The Adjudicative Committee, after considering all the circumstances, determined that a fine of $300 was appropriate.

Conclusion:

Accordingly, Mr Mansour is fined $300.