Riccarton Park – Canterbury JC 10 August 2024 – R8 – Brett Murray

ID: RIB45186

Respondent(s):
Brett MacGregor Murray - Jockey

Applicant:
John Oatham - Chief Stipendiary Steward

Adjudicators:
Stewart Ching (Chair), Dave Anderson

Persons Present:
John Oatham - Chief Stipendiary Steward, Brett Murray - Class A Rider, Mark Davidson - Stipendiary Steward

Information Number:
A19622

Decision Type:
Race Related Charge

Charge:
Breach of whip Rule

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
CAPTAIN OUMUAMUA

Code:
Thoroughbred

Race Date:
10/08/2024

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R8

Hearing Date:
10/08/2024

Hearing Location:
Riccarton Park

Outcome: Proved

Penalty: Jockey Brett Murray is suspended for 6 days

Evidence

Following the running of Race 8, the Respondent Class A Rider Brett Murray admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(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); or

Using the available race films, Chief Stipendiary Steward John Oatham, with the assistance of Stipendiary Steward Mark Davidson, demonstrated that the Respondent struck his mount 10 times from near the 550m to the 100-metre mark.

The Respondent stated that the horse was flat and only plugging away at the home turn. He conceded that he had made an error of judgement with the number of strikes.

Decision

As the Respondent Mr Murray admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mr Oatham produced the Respondent Mr Murray’s record, which indicated a clear record over the previous 6 months.

Mr Oatham stated the Penalty Guide for excessive whip use for a first offence where 4 or more additional strikes, was a 5 national day suspension. He submitted that as the number of strikes were at 10, an uplift in penalty should be considered.

Mr Murray made no submissions in regard to penalty, apart from requesting a deferment until after the meeting at Oamaru on 16 August 2024.

Reasons for Penalty

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

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

1st offence starting point 5 national day suspension where there are 4 or more additional strikes

The aggravating factor was the total number of strikes being 10 and an uplift in penalty was warranted. This uplift was set at 1 day. Therefore, it was determined that a 6 day suspension was appropriate.

Conclusion

The Respondent Mr Murray, is granted a deferment until after racing on 16 August 2024. His Licence to ride in races is suspended for 6 days, from close of racing on 16 August 2024, until close of racing on 28 August 2024.

Decision Date: 10/08/2024

Publish Date: 12/08/2024