R Tauranga 2 January 2022 – R6 – Chelsea Burdan

EVIDENCE:

Following the running of Race 6, the Respondent, Ms Chelsea Burdan admitted a charge alleging excessive whip use prior to the 100 metres.

Ms Burdan is an apprentice Jockey indentured to Mr Shaune Ritchie. Mr Ritchie had left the racecourse prior to the hearing.  Northern Apprentice Riding Mentor, Mr Noel Harris did not attend the meeting.  Prior to commencement it was confirmed that both Ms Burdan and Mr Oatham had spoken to Mr Ritchie, discussed the charge and he was comfortable that the charge be heard.  It was on this basis that the hearing did proceed.

Rule 636(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) 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)

Using the available films Stipendiary Steward Jones demonstrated that the Respondent struck her mount on six occasions from the top of the straight and the 100 metre mark. On Demand finished second in the event.

When asked for comment Ms Burdan stated that it was simply an error on her part and that she was adjusting to the Whip Rule since recently resuming race riding after an extended lay off through injury.

DECISION:

As the Respondent admitted the breach the  Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

SUBMISSIONS FOR PENALTY:

Mr Williamson produced the Respondent’s record which indicated that this was Ms Burdan’s first breach of the Whip Rule . Reference was made to the Revised Penalty Guide for excessive whip use (as of 1 September 2021). Mr Williamson did suggest that in setting any penalty there be recognition of  Ms Burdan’s  status as an Apprentice Jockey.

REASONS FOR PENALTY :

The Penalty Guide starting point for a breach of the is nature is set out below.

For breaches of the Whip Rule prior to the 100m mark:

1st offence starting point Greater of $250 or 50% of jockey share of stake.

After considering the film evidence, submissions, and having due regard to the number and frequency of strikes, force used, and the Respondent’s share of the stake (50% calculated to be $54) the Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis the Respondent is fined $250.

CONCLUSION:

The Respondent, Chelsea Burdan is fined $250.