Riverton RC 21 April 2025 – R1 – Brett Murray

BACKGROUND

Following the running of Race 1, Class A Rider Brett Murray admitted a charge of using the whip in consecutive strides. The particulars of the alleged breach were that he struck his mount, ALMANAC, in 2 consecutive strides in the concluding stages of the race.

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

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

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, challenging for the lead against the running rail inside the 100 metre mark. About 50 metres before the finish line, Mr Murray could be seen striking his horse in 2 consecutive strides.

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

Mr Murray agreed his use of the whip in consecutive strides was a clearcut breach of the Rule. He said it was an unfortunate error.

DECISION

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

SUBMISSIONS FOR PENALTY

Stewards advised that Mr Murray had one previous breach of the Rule in the previous 6 months, at Invercargill on 14 December 2024. On that occasion, he was fined $300 for using the whip in 3 consecutive strides late in the home straight.

Mr Jones pointed to the New Zealand Thoroughbred Racing Penalty Guide, which proposes a starting point of a $150 fine for a second breach of the Rule that involves using the whip in 2 consecutive strides.

He submitted that the Adjudicative Committee should consider an uplift in penalty, given that ALMANAC went on to win the race by a long neck.

In his submission on penalty, Mr Murray said only that he was aware of his “double hit” and had consequently not used his whip in the last few strides.

Of note, in an earlier hearing, the Respondent admitted an excessive use of the whip breach in the same race (Information A18894), specifically that he struck ALMANAC 8 times prior to the 100 metre mark. Reference is made to this here, because it had some bearing on how the Adjudicative Committee determined an appropriate penalty for this breach (Information A18895).

REASONS FOR PENALTY

The Penalty Guide suggests a starting point of a $150 fine for a second breach of r 638(3)(g)(ii) involving 2 consecutive whip strikes, which this is. The Adjudicative Committee adopts this amount as the starting point.

An uplift in the region of $100 is often applied in cases of Riders winning non-Black Type Races after using 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 A18894) involving a different sub-section of the Whip Rules (r 638(3)(g)(i)), this being excessive use of the whip prior to the 100 metre mark.

Mr Murray was fined $525 for striking ALMANAC 8 times before the 100 metre mark, in breach of the Rule. In arriving at that figure, the Adjudicative Committee adopted the $500 starting point proposed by the Penalty Guide and added a $25 uplift because Mr Murray had won the race. The fact that ALMANAC responded under the excessive whip use to be vying for the lead by the 100 metre mark, and had gone on to win the race, could not be overlooked when it came to setting an uplift for that transgression (Information A18894).

During penalty submissions for Mr Murray’s breach involving whip use in consecutive strides, and before his penalty for excessive whip use in Race 1 had been determined, Stewards again invited the Adjudicative Committee to consider an uplift to the Penalty Guide’s 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 so close to the finish.

The $150 fine adopted as a starting point for this breach is therefore increased by $50, resulting in a $200 fine.

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 $200.