Riverton RC 1 January 2022 – R2 – Amless Bohorun

Evidence:

Following the running of Race 2, the Respondent (Mr A Bohorun ) Rider, admitted a charge alleging excessive whip use prior to the 100 metres.

Apprentice Mentor (Mr David Walsh), was present to assist. Mr Bohorun admitted the charge and confirmed also he understood the Rule.

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, Miss Haley demonstrated that the Respondent struck his mount 8 times from the straight entrance to the 100 metre mark. She pointed out that the strikes were not forceful.

In response, by way of explanation the Respondent (in this case it was Mr Walsh who spoke) said that Miss Haley’s summation of the incident was correct.

Decision:

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

Submissions For Penalty:

Mr M Davidson produced the Respondent’s record which indicated that there had been no previous breaches of this Rule over the past 12 months .

Stewards assessed the breach as medium and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 September 2021).

The Respondent’s share of the stake was in this instance not appropriate .

The Respondent (Mr Walsh on behalf of Mr Bohorun ) submitted that Mr Bohorun had an outstanding riding record and that he admitted the breach.

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:

1st offence starting point Greater of $250 fine or 50% of jockey share .

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes; and the force used.  The Adjudicative Committee determined there are compelling reasons to uplift from the starting point set out in the Penalty Guide of $250 to $350 because of the number of strikes on this occasion being 8. The mitigating factors were Mr Bohorun’s outstanding riding record reducing the fine by $100 to a fine of $250.

On that basis the Respondent is fined ($250).

Conclusion

The Respondent (Mr A Bohorun ) is fined $250 and was reminded of his professional obligations, particularly around animal welfare.