Riverton RC 21 April 2025 – R1 – Brett Murray

BACKGROUND

Following the running of Race 1, Class A Rider Brett Murray admitted a charge of excessive use of the whip. The particulars of the charge were that he allegedly struck his mount, ALMANAC, 8 times prior to the 100 metre mark.

Rule 638(3)(g) provides that, in a Flat Race or Trial, 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).

At the start of the hearing, Mr Murray confirmed his admission of the breach and that he understood the Rule and the nature of the charge.

EVIDENCE

Mr Jones used the available race videos to identify the Respondent, riding ALMANAC, positioned back of midfield on the rail rounding the home turn.

Mr Murray was shown using his whip 8 times prior to the 100-metre mark, in breach of the Rule.

He was also shown using the whip another 3 times inside the final 100 metres, including twice in consecutive strides near the 50 metre mark. This was a breach of another sub-section of the Whip Rules, and was dealt with by way of a separate charge (Information A18895).

ALMANAC went on to win the race by a long neck.

Mr Murray agreed with the Stewards’ count of 8 whip strikes prior to the 100 metre mark. He said the straight “felt longer” in the heavy track conditions. It was a battling finish and he had simply miscounted.

DECISION

As Mr Murray has admitted the breach, it is found to be proved.

SUBMISSIONS FOR PENALTY

Stewards advised that Mr Murray had a clear record under r 638(3)(g)(i). Mr Jones referred to the New Zealand Thoroughbred Racing Penalty Guide, which proposes a starting point of a $500 fine for a first breach involving 3 additional whip strikes prior to the 100-metre mark.

The fact that ALMANAC went on to win the race by a long neck could be considered an aggravating factor, Mr Jones said. He invited the Adjudicative Committee to weigh whether this warranted an uplift in penalty.

Mr Murray submitted that the breach had occurred in a race held on an industry day. He said that his clear record should be taken into account.

REASONS FOR PENALTY

The Penalty Guide suggests a starting point of a $500 fine for a first breach of r 638(3)(g)(i) involving 3 additional whip strikes. The Adjudicative Committee adopts this amount as the starting point.

An uplift in the region of $100 is often applied when Riders who win non-Black Type Races use the whip in breach of the Rules. On this occasion, the Adjudicative Committee took into account that Mr Murray had also admitted another whip breach in the same race (Information A18895) involving a different sub-section of the Whip Rules (r 638(3)(g)(ii)), this being whip use in consecutive strides.

A separate fine with a starting point of $150 was suggested by the Penalty Guide for this other whip breach – Mr Murray’s second under this sub-section of the Whip Rules within the 6-month reset period. In this instance, the Adjudicative Committee was again invited by Stewards to consider increasing the starting point because Mr Murray had won the race.

Mr Murray earned a total of $760 from his winning ride on ALMANAC, comprising his percentage of the winning stake (5% of $11,200) and the $200 riding fee.

The Adjudicative Committee decided to apply penalty uplifts to both of the Respondent’s whip breaches in the race.

In considering how to fairly apportion the increases to the fines, the Adjudicative Committee put slightly more weight on the whip being used in two consecutive strides near the 50 metre mark. The $150 starting point for the breach described in Information A18895 was therefore increased by $50, resulting in a $200 fine.

However, the fact that ALMANAC responded under excessive whip use to be vying for the lead by the 100 metre mark, and then went on to win the race, could not be overlooked when it came to setting an uplift for this breach (Information A18894).

The starting point of a $500 fine is therefore increased by $25, bringing the fine to $525.

No discounts are afforded for the Respondent’s clear record, or the fact that the excessive whip use occurred on an industry race day.

The fines for both whip breaches total $725, which erases Mr Murray’s share of the winning stake and almost all of his riding fee.

CONCLUSION

Jockey Brett Murray is fined $525.