Riccarton Park – Canterbury JC 28 January 2023 – R3 – Brandon May

BACKGROUND:

Following the running of Race 3, Karaka 23 Starts Tomorrow Rating 75, Jockey Brandon May, as the Rider of RADIANT ROSIE in the race, admitted a charge that he used his whip 9 times prior to the 100 metres.

Rule 638(3) provides:

(g)     Subject to other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), 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.

EVIDENCE:

Stipendiary Steward, Mark Davidson, showed a video replay of the final 400 metres of the race. He pointed out RADIANT ROSIE, ridden by the Respondent, racing in behind the leaders and looking for racing room as the field turned into the final straight.

He then showed that the Respondent commenced using his whip and used it a total of 9 times prior to the 100 metres.

The Respondent said that he had commenced using his whip early and had not counted the strikes. He accepted the alleged count of 9 strikes.

DECISION:

The breach is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson told the Adjudicative Committee that the breach is the Respondent’s fourth in the last 6 months. The previous breaches are:

29 July 2022 at Riccarton – 6 times, suspended 8 days for 6th breach

26 December 2022 at Wingatui – 6 times, fined 250

21 January 2023 at Gore – 6 times, fined $550 (won race)

Mr Davidson referred to the NZTR Revised Penalty Guidelines which suggested a penalty of “suspension 5+ National Days” for a 4th offence involving 4 additional strikes. He submitted that there should be an uplift of 2-3 days for a 4th offence.

The Respondent requested a deferment of suspension until after the meeting of Otago RC on 4 February 2023.

REASONS FOR PENALTY:

The Adjudicative Committee regarded the breach as being a 3rd for the Respondent, noting that the breach on 29 July last year is only one day from “dropping off” his record.

The penalty starting point under the Penalty Guidelines was correctly pointed out by Mr Davidson as being 5+ national riding days. The Guidelines are the same for a 3rd and 4th breach, it being left to the Adjudicative Committee to determine the appropriate uplift.

The Adjudicative Committee has decided that, in this case, for a 3rd breach, the appropriate uplift is 2 days.

CONCLUSION:

The Respondent’s request for a deferment is granted. He is suspended from after the close of racing on 4 February up to and including 15 February 2023 – 7 national riding days.