R Tauranga 16 March 2024 – R2 – Darren Danis

ID: RIB40073

Respondent(s):
Darren Justin Luke Danis - Jockey

Applicant:
Senior Stipendiary Steward, Mr A Dooley

Adjudicators:
Mr Mike Godber (Chair)

Persons Present:
Mr A Dooley, Mr D Danis

Information Number:
A18751

Decision Type:
Race Related Charge

Charge:
Breach of the whip rule - Use of whip above shoulder height

Rule(s):
638(3)(f)(ii) - Contravention whip rule

Plea:
Admitted

Animal Name:
TIFFANEE

Code:
Thoroughbred

Race Date:
16/03/2024

Race Club:
Racing Tauranga Inc

Race Location:
Tauranga Racecourse - 1383 Cameron Road, Greerton, Tauranga,

Race Number:
R2

Hearing Date:
16/03/2024

Hearing Location:
Tauranga Racecourse

Outcome: Proved

Penalty: Jockey, Darren Danis fined $250

BACKGROUND:

Following the running of Race 2, Jockey, Mr D Danis, the Rider of TIFFANEE in the Race, admitted a breach of the Whip Rules in that he “used an action that raised his arm above shoulder height”.

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

(f)      Without limiting the generality of subrule 638(3)(e), in a Flat Race or Jumping Race, a trial (including jump-outs and/or tests for certification purposes) a Rider must not use his or her whip:

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

EVIDENCE:

Senior Stipendiary Steward, Mr A Dooley showed a video replay of the relevant part of the Race. He pointed out, TIFFANEE, ridden by the Respondent, racing near the rear of the ten-horse field as the field turned into the final straight.

Mr Dooley showed that the Respondent then used his whip on three occasions above shoulder height through to the 100 metre mark.

Mr Danis agreed with the Stewards interpretation of his action.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Dooley said that this was Mr Danis’s first charge under this section of the Whip Rules, after previously having received a warning on 24 February at Matamata for using his whip with his arm raised above shoulder height.

The Penalty Guide provides a starting point of a $250 fine for a first breach. Mr Dooley said there were three occasions Mr Danis raised his whip above his shoulder and in the circumstances the Stewards considered the $250 starting point to be appropriate.

Mr Danis did not comment on the Steward’s recommendation.

REASONS FOR PENALTY:

The breach involved Mr Danis on three occasions using the whip with his arm raised above shoulder height. The RIB Thoroughbred Racing Penalty Guide (February 2023) provides for a starting point for a first offence of a $250 fine. There are no relevant aggravating or mitigating factors to consider in this case.

Accordingly, a fine of $250 is an appropriate penalty for this particular breach.

CONCLUSION:

Jockey Mr D Danis is therefore fined $250.

Decision Date: 16/03/2024

Publish Date: 18/03/2024