R Tauranga 16 March 2024 – R4 – Bill Jacobson

BACKGROUND:

Following the running of Race 4, Mr B Jacobson, admitted a charge alleging that he had struck his mount, SAINT BATHANS, with the whip using an action that raised his arm above shoulder height.

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

Without limiting the generality of subrule 638(3), in a Flat Race . . . A Rider must not use his / 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 field as it turned into the home straight. He pointed out SAINT BATHANS, ridden by Mr Jacobson. He then demonstrated that Mr Jacobson struck his mount three times with the whip, from above shoulder height between the 200 and the 100 metres.

Mr Jacobson agreed with the number of strikes..

DECISION:

As Mr Jacobson admitted the breach, the Adjudicative Committee finds the charge proved.

SUBMISSIONS ON PENALTY:

Mr Dooley advised that this was Mr Jacobson’s second breach within the reset period following a charge on 22 December 2023.

Mr Dooley said there is no provision in the penalty guidelines for a second offence for whip use above shoulder height but the penalties for whip use prior to the 100 metres can be utilised. The penalty for a first offence for both whip use prior to the 100 metres and for whip use above the shoulder are a fine of $250. For a second offence for whip use prior to the 100 the fine increases to $500.

Mr Dooley therefore recommended the fine in this case should be $500.

Mr Jacobson questioned whether this was an appropriate penalty since the penalty guide had no provision for a second breach.

REASONS FOR PENALTY:

The Adjudicative Committee agreed with Mr Dooley’s interpretation of the Penalty Guide, using the second offence penalty for whip use before the 100 metres as a starting point. It is noted that a similar approach was taken in the case of Mr Montes de Oca (30 October 2022) when he admitted a second breach of using the whip with his arm above shoulder height.

Mr Jacobson struck his horse three times with his arm above shoulder height. Given the number of strikes and the fact that this is a second offence with the fine for a first offence being $250, a $500 fine in this case is considered appropriate.

CONCLUSION:

Mr Jacobson, is therefore fined $500.