R Tauranga 30 October 2021 – R5 – Shaun McKay

ID: RIB5561

Respondent(s):
Shaun McKay - Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Hon J W Gendall QC

Persons Present:
Mr J Oatham and Mr S McKay

Information Number:
A15621

Decision Type:
Adjudicative Decision

Charge:
Excessive Use of Whip

Rule(s):
638(3)(g)(i)

Plea:
Admitted

Code:
Thoroughbred

Race Date:
30/10/2021

Race Club:
Racing Tauranga Inc

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

Race Number:
R5

Hearing Date:
30/10/2021

Hearing Location:
Tauranga Racecourse

Outcome: Proved

Penalty: Jockey Shaun McKay is fined $500

SUMMARY OF FACTS:

Following the running of Race 5, the Quick Count Maiden, Mr Oatham presented an Information alleging that Mr McKay, the Rider of OFFENDED committed a breach of Rule 638(3)(g)(i) in that he struck his mount with the whip 6 times prior to the 100 metre mark.

Mr McKay admitted the breach.  His mount finished 3rd, being a 2 heads from first.  Mr McKay has had one previous breach of this Rule, on 11 September 2021.

SUBMISSIONS:

The race film illustrated that Mr McKay’s mount was wide on ending the straight and finished strongly to be a close 3rd, but was struck 6 times before the 100 metre mark.

REASON FOR DECISION:

As Mr McKay admitted the breach, it was deemed proved.

SUBMISSION FOR PENALTY:

The breach of the Rule was at the lower end, being one strike more than that permitted.  For a second offence the Penalty Guide “starting point” is the greater of a fine of $500 or 50% of the Jockey’s share of any stake earned.

REASON FOR PENALTY:

Mr McKay’s percentage of the third place stake is less than $75. The appropriate sanction is that Mr McKay be fined $500.

CONCLUSIONS:

Jockey Shaun McKay is fined $500.

Decision Date: 30/10/2021

Publish Date: 01/11/2021