Riccarton Park – Hororata 25 March 2023 – R8 – Brandon May

SUMMARY OF FACTS:

Following the running of Race 8, Brandon May, admitted a charge of excessive whip use on his mount, JON OL ROCCO, prior to the 100 metres, in that he struck his mount 6 times.

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 hand remaining on the reins”. 

SUBMISSIONS:

Mr Oatham, showed Mr May in the middle of the field in the run home. Mr Oatham pointed out the 6 strikes prior to the 100 metre mark. Mr Oatham said that Mr May did not strike his horse at all in the final 100 metres and went on to run 3^rd.

Mr May said he had misjudged the 100 metre mark and said he was conscious of the Rule but simply got it wrong.

DECISION:

As the breach was admitted, the Adjudicative Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham, said that Mr May had five relevant prior breaches under this Rule:

• 26 December 2022 at Otago where he was fined $250 for 6 strikes
• 21 January 2023 at Gore where he was fined $550 for 6 strikes
• 28 January 2023 at Riccarton where he was suspended for 7 days for 9 strikes
• 4 February 2023 at Otago where he was fined $550 for 6 strikes
• 4 March 2023 at Otago where he was suspended for 8 days for 8 strikes

Mr Oatham submitted that this should really be considered a minor breach but Mr May had a bad record. In reference to the Penalty Guide Mr Oatham said the starting point was a 5+ national riding day suspension. Mr Oatham advised the Adjudicative Committee that Mr May is suspended until 3 May on an unrelated matter.

Mr May said he was disappointed with himself as he had been trying to improve his whip use. He further said he had misjudged it.

REASONS FOR PENALTY:

The Adjudicative Committee agreed that this breach should be characterised as low given that the strikes were not forceful and Mr May had only struck his mount 6 times in the entire run home. Accordingly, a suspension of 6 days is appropriate.

The Adjudicative Committee supports the Stewards’ intention to direct Mr May to meet with a Riders Skills Review Panel under the Rules.

CONCLUSION:

Mr May is suspended for 6 national riding days which is to be cumulative on his current suspension. The suspension for this breach is to commence 4 May 2023 and continue up to and include 11 May 2023.