Riccarton Park – Canterbury JC 31 August 2024 – R7 – Donovan Cooper

Evidence

Following the running of Race 7, the Respondent Class B Rider Donovan Cooper admitted a charge alleging excessive whip use prior to the 100 metres.

NZTR Apprentice Mentor Jason Laking was present to assist at the hearing.

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

(g) Subject to the 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:
(ii) strike a horse with a whip in consecutive strides at any stage of the race

Using the available race films, Chief Stipendiary Steward John Oatham, with the assistance of Stipendiary Steward Rebecca Haley, demonstrated that the Respondent struck his mount in two consecutive strides near the 700m, when racing wide and towards the rear of the field.

The Respondent elected to make no submissions in regard to the breach.

Decision

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

Submissions for Penalty

Mr Oatham produced the Respondent Mr Cooper’s record, which indicated one previous breach being;

31 May 2024 – Riccarton – Warning for 1st offence

Mr Oatham stated the Penalty Guide for a second breach, using the whip in consecutive strides, was a $150 fine. Mr Oatham stated that this breach was an ugly example of using the whip in consecutive strides, which he proposed was an aggravating factor. He submitted that a moderate uplift in penalty be considered in this case.

Mr Cooper 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:

2nd offence starting point $150 where there are 2 consecutive strikes

The Penalty Guide provides a $150 fine for a 2nd breach of this Rule within a 6 month period, where there are two consecutive strikes.

This Adjudicative Committee agrees with the Stewards that the breach was ugly and the strikes were, in the Adjudicative Committee’s opinion, with force, which is an aggravating factor. This aggravating factor warranted an uplift in penalty, which was set at $50.

It was therefore determined that an appropriate penalty in this case was a fine of $200.

Conclusion

The Respondent Mr Cooper is fined the sum of $200.