Riccarton Park – Canterbury JC 13 April 2024 – R8 – Leah Hemi

Evidence

Following the running of Race 8, the Respondent Leah Hemi, Class A Rider 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, demonstrated that the Respondent struck her mount 6 times from the straight entrance to the 100-metre mark.  He pointed out that there were a further 5 strikes after the 100m to the line.

Ms Hemi made no submissions in regard to the breach, apart from stating that as she was in contention, she had misjudged the number of strikes.

Decision

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

Submissions for Penalty

Mr Oatham produced the Respondent’s record which indicated a previous breach, being at Riccarton on 10 February 2024, where she received a $250 fine for 6 strikes.

Mr Oatham stated that this race, the TAB Southern Alps Challenge, carried a stake of  $350,000 and with DAZZLING MISS finishing in 3rd place, earned a stake of $28,000. He added that 50% of Ms Hemi’s riding fee would be $700.

Mr Oatham stated that this was not a Black Type, Listed or Group Race, but had a stake payable of $350,000. He submitted that an uplift of the Penalty Guide fine of $250, 2nd offence be considered as penalty.

The Respondent elected to make no submissions in regard to penalty.

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 with 1 additional strike:

2nd offence starting point $250 fine

After considering the evidence and submissions presented, this Adjudicative Committee determined that an uplift in penalty was warranted, due to the stake payable and status of the race. This uplift was set at $250.

On that basis, the Respondent is fined $500.

Conclusion

The Respondent Ms Hemi is fined $500.