Riverton RC 21 April 2025 – R6 – Donovan Cooper

BACKGROUND

Following the running of Race 6, Class B Rider Donovan Cooper admitted a charge of excessive use of the whip. The particulars of the charge were that Mr Cooper allegedly struck his mount, VINO VALENTINO, 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 Cooper confirmed his admission of the breach and that he understood the Rule and the nature of the charge. He was assisted by Senior Jockey Terry Moseley.

EVIDENCE

Mr Jones, with the assistance of Mr Davidson, used the available race videos to identify the Respondent improving to 2nd place with VINO VALENTINO at the top of the home straight.

Mr Cooper was shown using his whip 8 times prior to the 100-metre mark, 4 times with his left hand and another 4 times after pulling the whip through to his right hand.

VINO VALENTINO finished 2nd in the race, beaten by a margin of 1.8 lengths. There was a long neck to the 3rd placed horse.

Mr Cooper and Mr Moseley did not dispute the Stewards’ count. However, Mr Moseley did raise two points in mitigation:

*Swapping the whip between hands can distract a Rider from keeping an accurate count.

*The fact that Mr Cooper was charged with the same whip breach in the preceding race (Race 5). Stewards did not speak with him or lay the two whip charges until after his Race 6 ride on VINO VALENTINO. Mr Cooper would have paid more attention to his obligations under the Rule had Stewards spoken to him about his whip use before Race 6, Mr Moseley submitted.

Mr Jones said the horses were at the start for Race 6 when the breach in Race 5 was identified by Stewards. There was therefore no opportunity to speak with Mr Cooper about the issue before he rode VINO VALENTINO. Mr Jones said the Whip Rules had been in place for an extended period, and it was up to Riders to know and meet the standard.

Mr Jones acknowledged the risk of Riders losing count of the number of strikes when swapping the whip between hands. However, the onus had to be on the Rider. “It’s up to them how they wish to use their whip,” he said.

DECISION

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

SUBMISSIONS FOR PENALTY

Stewards produced the Respondent’s record, which showed that this was his third breach of the Rule within the 6-month period before a reset applies.

Mr Cooper’s second breach was in Race 5 at today’s Riverton Meeting. (A penalty decision on his second breach was not made until after the hearing for this third breach was concluded. For the second breach, the Adjudicative Committee suspended Mr Cooper for 5 national riding days).

Mr Jones referred to the New Zealand Thoroughbred Racing Penalty Guide, which proposes a starting point of a suspension of 5 or more days for a third breach of the Rule that involves 3 additional whip strikes prior to the 100 metre mark.

Mr Cooper’s record with regard to whip use was not good, Mr Jones said. He suggested an uplift to the Penalty Guide’s minimum starting point of a 5-day suspension be considered.

On the matter of penalty, Mr Moseley reiterated the two points he had made earlier in mitigation, namely the potential for confusing the strike count when a Rider swaps the whip to the other hand, and the simultaneous charging of Mr Cooper for the two Riverton breaches, which meant he did not have heightened awareness of the Rule when he rode VINO VALENTINO in Race 6.

REASONS FOR PENALTY

The Adjudicative Committee takes a starting point of a 5-day suspension, as provided for in the Penalty Guide for a third breach of r 638(3)(g)(i) involving 3 additional strikes prior to the 100-metre mark.

Mr Cooper has compiled a poor record under this Rule in an unacceptably short timeframe. His first breach was only 9 days previously; his subsequent breaches occurred in consecutive races at today’s Riverton Meeting. In light of his poor record, a 1-day uplift is added to the starting point.

The matters raised as mitigation by Mr Moseley – the swapping of the whip between hands during the series of strikes found to be in breach, and the fact that Mr Cooper was not able to be spoken to about his Race 5 whip use before the next race – provide some context, but do not warrant a penalty discount. Mr Jones is correct when he says the onus is on the Rider at all times to use the whip within the Rules.

There are no other relevant aggravating or mitigating factors.

Mr Cooper is encouraged to be more alert to his obligations and ration his whip use accordingly, especially with the onset of winter track conditions.

The Respondent was riding at the Riverton Meeting under deferment of a careless riding suspension, which was due to take effect from 27 April to 9 May 2025 (inclusive).

His second breach of r 638(3)(g)(i) occurred in Race 5 at today’s Riverton Meeting, and resulted in a suspension of 5 national riding days. This suspension runs from 10 May to 17 May 2025 (inclusive).

The penalty for this 3rd breach of the Rule will therefore take effect after the two earlier suspensions have been served.

CONCLUSION

Apprentice Jockey Donovan Cooper’s Licence to ride in races is suspended from 18 May to 28 May 2025 (inclusive). This is 6 national riding days.