Riccarton Park – Canterbury JC 3 June 2022 – R2 – Brandon May

Evidence

Following the running of Race 2, the Respondent Brandon May Class A Rider admitted a charge alleging excessive whip use prior to the 100-metre mark.

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 Stipendiary Steward, Mr Davidson demonstrated that the Respondent struck his mount 8 times prior to the 100-metre mark.

The Respondent agreed with the number of strikes.

Decision

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

Submissions For Penalty

Mr Davidson produced the Respondent’s record which indicated three prior breaches of the Rule within the previous 6 months.

Two breaches involving six strikes prior to the 100-metre mark on 25 February 2022 at Riccarton where Mr May was fined $250 and $500 consecutively.

A further breach on 1 May 2022 at Wingatui where Mr May was fined $500 for six strikes prior to the 100-metre mark.

Mr Davidson submitted that two of Mr May’s strikes could have been characterised as consecutive, furthermore, he pointed out that Mr May’s mount ran home well and finished second. Mr Davidson considered these to be aggravating factors.

In reference to the NZTR Revised Penalty Guide for excessive whip use (as of 1 September 2021) and considering Mr May’s history Mr Davidson submitted a penalty of 6-7 days was appropriate.

The Respondent Mr May made no submissions in regard to penalty.

Pursuant to Rule 1106(2)(b), Mr May sought a 9-day deferment of any proposed suspension in order to fulfil riding engagements at the Timaru meeting on 12 June 2022.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is a 5+ national riding day suspension plus 50% of the jockey’s share of the stake.

Taking into account the film evidence, the submissions of the parties and considering Mr May’s recent history of breaches as well as the frequency of the strikes, the Adjudicative Committee considered the appropriate penalty as a suspension of 7 days. This suspension reflects the aggravating factors of the nature of the strikes and the fact that Mr May’s mount finished second.

The Respondent’s request for a deferment is granted. There is to be no fine.

Conclusion

Jockey Brandon May’s  Licence is suspended for 7 national riding days from after racing on 12 June 2022 up to and including 24 June 2022.