Riccarton Park – Canterbury JC 6 August 2022 – R5 – Chris Carmine

BACKGROUND:

Following the running of Race 5, Winter Fashions Here 13 August Rating 65, the Respondent, Jockey Chris Carmine, admitted a charge alleging excessive whip use prior to the 100 metres on his mount HE’S THE MAN.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not “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 had remaining on the reins).

EVIDENCE:

Using the video replay, Mr Oatham pointed out HE’S THE MAN, ridden by the Respondent, racing in 2nd position outside the leader as the field turned into the final straight. He then showed that, from that point to the 100 metres, the Respondent used his whip 6 times, including two down the shoulder.

The Respondent accepted the count of six, alleged by Mr Oatham, and had nothing to add.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Oatham said the breach was seen as low-level with only 6 strikes, two of which were down the shoulder – a habit the Respondent needs to get out of, he said. His whip record is a poor one – this is his 5th charge in the past 6 months:

6.4.22 at Ashburton (2 charges) – 7 times prior to the metres ($500 fine) and 9 strikes prior to the 100 metres (5-days suspension);

5.5.22 at Riccarton – 7 strikes (5-days suspension); and

29.7.22 at Riccarton – 6 strikes (2-days suspension and $500 fine).

For a 5th breach involving one additional strike, the Penalty Guide suggests a starting point of a 5+ days suspension, Mr Oatham said. He submitted that a 6-days suspension would be appropriate.

The Respondent said that he has rides booked for the 2nd day of the meeting on 10 August but did not seek a deferment beyond that date.

REASONS FOR PENALTY:

The NZTR Revised Penalty Guide (effective 1 March 2022) suggests a starting point for penalty for a 5th breach involving 1 additional strike, of a 5+ national riding days suspension. The breach, the Adjudicative Committee agrees, was low-level but, at the same time, the Respondent’s record under the Whip Rules is bad (this is the 5th breach in 4 months) for which factor the Adjudicative Committee adds 1 day to the starting point.

CONCLUSION:

The Respondent’s request for a deferment is granted. His Class A Jockey’s licence is suspended for a period of 6 days, commencing after racing on 10 August 2022 and concluding after racing on 24 August.