South Canterbury RC 6 October 2023 – R9 – Brandon May

ID: RIB28165

Respondent(s):
Brandon May - Jockey

Applicant:
Veronica Algar, Stipendiary Steward

Adjudicators:
Russell McKenzie

Information Number:
A16825

Decision Type:
Race Related Charge

Charge:
Using whip more than 5 times prior to 100 metres

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

Plea:
Admitted

Animal Name:
The Arctic Blast

Code:
Thoroughbred

Race Date:
06/10/2023

Race Club:
South Canterbury Racing Club

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

Race Number:
R9

Hearing Date:
06/10/2023

Hearing Location:
Phar Lap Raceway, Washdyke

Outcome: Proved

Penalty: Class A Jockey, Brandon May, suspended 9 days.

BACKGROUND:

Following the running of Race 9, Young Bucks on Track 1600, Class A Jockey, Brandon May, admitted a breach of Rule 638(3)(g)(i) in that as the Rider of THE ARCTIC BLAST in the race, he struck his mount 8 times prior to the 100 metres.

Rule 638 provides

(3)     (g) Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), a Rider must not:

(i) except as provided for in (iii) (A) and (iii) (B) of this sub-Rule, 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).

EVIDENCE:

Stipendiary Steward, Veronica Algar, showed a video replay of the final 300 metres of the race. She pointed out THE ARCTIC BLAST, ridden by the Respondent, the widest runner on the track as the field turned into the final straight. She showed that, from that point, with his mount running on, the Respondent used his whip on eight occasions prior to the 100 metres. He had not used his whip in the final 100 metres, she said.

The Respondent accepted the alleged count of eight strikes. He added that he had misjudged where the 100 metres was.

DECISION:

The charge having been admitted, it is found proved accordingly.

SUBMISSIONS FOR PENALTY:

Ms Algar said that this breach was the Respondent’s 4th charge in the last 6 months. Previous penalties were:

15 June at Riccarton – 6 times, suspended 7 days

26 July at Oamaru – 8 times, suspended 6 days

26 July at Oamaru – 8 times, suspended 8 days.

Ms Algar said that, following those charges, the Respondent was referred to the Rider Skills Review Panel and this action would be continued.

The Respondent accepted that his record was a poor one.

Ms Algar said that the Respondent is subject to a term of suspension commencing after the meeting of Southland RC on 8 October next, up to and including 18 October.

REASONS FOR PENALTY:

The Respondent has assembled a poor record of breaches of this Whip Rule and it is of concern the number of strikes by which he has exceeded the permissible 5 strikes. The Respondent has again exceeded the number permissible by an 3 additional strikes. It is positive that he is under the wing of the Rider Skills Review Panel.

The RIB Thoroughbred Racing Penalty Guide (February 2023) provides for a penalty of “Suspension 5+ National Days” for a 4th breach involving 3 additional strikes. It is left to the Adjudicative Committee’s discretion the number of days.

An uplift from the most recent penalty of 8 days is appropriate.

CONCLUSION:

Class A Jockey, Brandon May’s Licence to ride in races is suspended from 18 October 2023 to 1 November 2023, both dates inclusive (9 national riding days).

Decision Date: 06/10/2023

Publish Date: 09/10/2023