R Te Aroha 11 July 2021 – R 3 – Gary Walsh

ID: RIB3348

Respondent(s):
Gary Walsh - Jockey

Applicant:
Mr B Jones, Stipendiary Steward

Adjudicators:
Mr A Smith (Chair)

Persons Present:
Mr B Jones, Mr G Walsh

Information Number:
A15905

Decision Type:
Adjudicative Decision

Charge:
Excessive use of the Whip

Rule(s):
638(3)(b)(ii)

Plea:
Admitted

Code:
Thoroughbred

Race Date:
11/07/2021

Race Club:
Te Aroha Racing

Race Location:
Racing Te Aroha - Stanley Road South, Te Aroha,

Race Number:
R3

Hearing Date:
11/07/2021

Hearing Location:
Te Aroha

Outcome: Proved

Penalty: Jockey, Gary Walsh fined $250

EVIDENCE:

This charge arises from the running of Race 3, A Highweight event over 2200m.  An Information was filed pursuant to Rule 638(3)(b)(ii) by the Applicant, Mr B Jones, alleging that Class D Rider, Mr G Walsh used his whip excessively when riding WINDY HEIGHT prior to the 100 metres.

Mr Walsh said that he understood the Rule and confirmed that he admitted the breach.

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

A Rider shall not strike a horse with a whip in a manner or to an extent which is:  

  • unnecessary, or
  • excessive, or
  • improper

Without affecting the generality of Rule 638(3)(b), a rider may be penalised if their whip use is outside of the following guidelines:

Flat Races

Prior to the 100-metre mark in a race, official trial or jump out:

  • The whip should not be used on more than 5 occasions.
  • The whip should not be used in consecutive strides.
  • The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. 

In the final 100 metres, the whip may be used at the Rider’s discretion.  

Using available Race film footage Mr Jones demonstrated the breach. He identified Mr Walsh’s mount, WINDY HEIGHT, and counted Mr Walsh striking his horse on 9 occasions prior to the 100m

In response Mr Walsh said that he agreed with the number of strikes. He said that he didn’t ride a lot in highweights/flat races and wasn’t aware of the difference between the Guidelines for excessive whip use in a jumping race (10 strikes) vs a flat race (5 strikes) – but was now.

REASON FOR DECISION:

As Mr Walsh admitted the breach the Committee found the charge proved.

SUBMISSION FOR PENALTY:

Mr Jones said that Mr Walsh had a good record under the Rule.

Mr Walsh said that he would prefer a suspension of up to 2 days instead of any potential fine.

REASON FOR PENALTY:

The Guidelines propose a starting point of $300 for a first breach. We considered Mr Walsh’s request for a suspension vs a fine and determined that it would be inappropriate in these circumstances and a fine would suffice. Given the limited opportunities of jumps and highweight riders are $50 discount from the starting point of $300 was applied.

CONCLUSIONS:

Mr Walsh is fined $250.

Decision Date: 11/07/2021

Publish Date: 12/07/2021