South Canterbury RC 8 October 2021 – R7 – Lee Callaway

ID: RIB5091

Respondent(s):
Lee Callaway - Jockey

Applicant:
Mark Davidson, Stipendiary Steward

Adjudicators:
Russell McKenzie

Information Number:
A15864

Decision Type:
Adjudicative Decision

Charge:
Using Whip Excessively Prior to 100 Metres

Rule(s):
638 (3) (g) (i)

Plea:
Admitted

Animal Name:
Miss Chaplin

Code:
Thoroughbred

Race Date:
08/10/2021

Race Club:
South Canterbury Racing Club

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

Race Number:
R7

Hearing Date:
08/10/2021

Hearing Location:
Phar Lap Raceway, Washdyke

Outcome: Proved

Penalty: Jockey Lee Callaway is fined the sum of $250

SUMMARY OF FACTS:

Mr Callaway was charged following Race 7, Johnny Walsh 1600 Maiden, that as the Rider of MISS CHAPLIN in the race, he used his whip excessively prior to the 100 metres.

Rule 638 provides: that a Rider must not strike a horse with a whip more than 5 times prior to the 100-metre mark.

SUBMISSIONS:

Mr Davidson showed a video replay of the final 400 metres of the race. He pointed out MISS CHAPLIN, ridden by Mr Callaway, racing towards the rear of the field near the rail, passing the 400 metres. He then showed Mr Callaway strike his mount twice with the whip before turning into the home straight and then use his whip four more times prior to the 100 metres. Mr Callaway indicated that he accepted the alleged count of six.

Mr Callaway said that the first strike was on the shoulder, which he rarely does. He had misjudged that, he said. From that point, the remaining strikes were well spaced, he said. He believed that he had only ever received one warning regarding his whip use.

REASON FOR DECISION:

Mr Callaway has admitted the charge which is found proved accordingly

SUBMISSIONS FOR PENALTY:

Mr Davidson confirmed that Mr Callaway  has an extremely good record. What had “undone him” on this occasion were the two early strikes, just past the 400 metres, he said. The whip use was well-spaced. There were no aggravating factors, Mr Davidson said. He referred to the NZTR Revised Penalty Guidelines for a first offence for breaches of the Whip Rule prior to the 100 metres – a fine of $250.

REASON FOR PENALTY:

This is a low-level first offence by Mr Callaway.  It is accepted that he has an excellent record and he has admitted the breach. However, the Penalty Guidelines referred to by Mr Davidson do not provide for mitigation. There are certainly no aggravating factors. The penalty is a fine of $250 as per the Guidelines.

CONCLUSIONS:

Jockey Lee Callaway is fined the sum of $250.

Decision Date: 08/10/2021

Publish Date: 11/10/2021