South Canterbury RC 28 December 2022 – R7 – Courtney Barnes

ID: RIB14370

Respondent(s):
Courtney Barnes - Jockey

Applicant:
Chief RIB Steward, Mr John Oatham

Adjudicators:
Mr D Anderson

Persons Present:
Mr Oatham, Ms Barnes, RIB Steward Ms Rebecca Haley

Information Number:
A16753

Decision Type:
Race Related Charge

Charge:
Using whip more than 5 times prior to the 100m

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Code:
Thoroughbred

Race Date:
28/12/2022

Race Club:
South Canterbury Racing Club

Race Location:
Phar Lap Raceway - State Highway 1, Washdyke, Timaru,

Race Number:
R7

Hearing Date:
28/12/2022

Hearing Location:
Timaru

Outcome: Proved

Penalty: Class A Rider, Courtney Barnes suspended for 7 days and fined $250

EVIDENCE:

Following the running of Race 7 Chief RIB Steward, Mr Oatham presented an Information alleging a breach of Rule 638(3)(g)(i) by Ms Courtney Barnes.

Ms Barnes confirmed she was conversant with the Rule, that she understood the charge and admitted the breach.

Mr Oatham identified Ms Barnes on the replay video leading the four-horse field at approximately the 500m where the first strike occurred and counted 9 strikes in total.

Ms Barnes said she had got it wrong and it was misjudgement.

DECISION:

Ms Barnes having admitted the breach the charge was deemed to be proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham stated Ms Barnes had two previous breaches under the Rule both on the same day 5 ½ months ago. He said the 2 breaches were for 6 strikes and fines of $250 and $500 administered as penalty.

Mr Oatham said it was unusual to find a breach with 9 strikes as the Whip Rule has been in place for some time now and most cases are for 6 or 7 strikes so this case could be regarded as somewhat extreme. He said Ms Barnes has gone on and won the Race narrowly which would see a fine of at the very least 50% of her share of stake monies which were approximately $200.

Ms Barnes made no submissions but asked for any proposed suspension to begin after Matamata on 3 January 2023.

REASONS FOR PENALTY:

The Penalty Guidelines provide a 5+day suspension for a third breach of the Rule when 4 or more strikes over the limit are present.

The Adjudicative Committee acknowledges Ms Barnes had very nearly cleared her record, however, there are two aggravating factors to consider which uplifts the totality of Penalty.

After considering all factors in this case a suspension of 7 days and a fine of $250 is appropriate.

Ms Barnes request for deferment is granted.

CONCLUSION:

Ms Barnes’ Licence to ride in races is suspended from the close of racing on 3 January 2023 up to and including racing on 12 January 2023. In addition, Ms Barnes is fined $250.

Decision Date: 28/12/2022

Publish Date: 17/01/2023