Reefton JC 5 January 2022 – R6 – Chris Johnson

Evidence

Following the running of Race 6 the Respondent, Chris Johnson admitted a charge alleging use of whip in consecutive strides over the concluding stages.

Rule 638(3)(g)(ii) provides that in a Flat Race a Rider must not:

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Using the available race films Stipendiary Steward, Ms Algar demonstrated that the Respondent struck his mount 2 times consecutively over the concluding stages of the race. Mr Johnson finished second in the race.

Mr Johnson made no comment.

Decision

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

Submissions For Penalty

Ms Algar produced the Respondent’s record which indicated two previous breaches on September 24t and October 21 2021.

Stewards assessed the breach as low and submitted a penalty commensurate with the NZTR Revised Penalty Guide for improper whip use (as of 1 September 2021).

The Respondent’s 50% share of stakes is $108.

Reasons For Penalty

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

For breaches of the Whip Rule relating to consecutive strikes:

2 consecutive strikes Warning. – If offence after prior warnings or if subsequent to prior offences, Steward’s discretion to charge on same basis as 3 consecutive strikes.

3 consecutive strikes 1st offence – greater of a $150 fine or 50% of jockey stake.

2nd offence – greater of a $300 fine or 50% of jockey stake.

3rd offence – greater of a $500 fine or 50% of jockey stake.

After considering the film evidence and the submissions and having due regard for the number of consecutive strikes, as well as the Respondent’s share of the stake ($108) the Adjudicative Committee determined there were no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis, the Respondent is fined ($500).

Conclusion

The Respondent is fined $500.