Southland RC 14 December 2024 – R3 – Brett Murray

ID: RIB49431

Respondent(s):
Brett MacGregor Murray - Jockey

Applicant:
Mark Davidson - Stipendiary Steward

Adjudicators:
Matt Conway (Chair), Richard Smith

Persons Present:
Mr Davidson, Mr Murray, Rebecca Haley - Stipendiary Steward

Information Number:
A20535

Decision Type:
Race Related Charge

Charge:
Use of whip in consecutive strides

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

Plea:
Admitted

Animal Name:
PEEKAY

Code:
Thoroughbred

Race Date:
14/12/2024

Race Club:
Southland Racing Club

Race Location:
Ascot Park Raceway - 29 Findlay Road, Ascot, Invercargill, 9810

Race Number:
R3

Hearing Date:
14/12/2024

Hearing Location:
Ascot Park Raceway

Outcome: Proved

Penalty: Class A Rider Brett Murray is fined $300

Background:

Following the running of Race 3, Class A Rider Brett Murray admitted a breach of Rule 638(3)(g)(ii) in that, as the Jockey of PEEKAY in the race, he struck his mount on three consecutive strides late in the run home.

Rule 638(3)(g) provides that in a Flat Race 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.

Evidence:

Using the available race videos, Stipendiary Steward Rebecca Haley identified Mr Murray (PEEKAY) leading on the rail inside the final 100 metres. Ms Haley then pointed to Mr Murray striking PEEKAY three times with the whip in as many strides close to the finishing post. PEEKAY finished 2nd, beaten a head, with a neck to the 3rd placed horse.

Mr Murray accepted the evidence of the Stewards and said he had made an error.

Decision:

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

Submissions for Penalty:

Stewards advised that Mr Murray had a clear record under this sub-section of the Whip Rule. Mr Davidson referenced the New Zealand Thoroughbred Racing Penalty Guidelines for the Whip Rule, which proposes a starting point of a $300 fine for a first breach of R638(3)(g)(ii) that involves use of the whip for three consecutive strides. Stewards believed there was no reason to deviate from a $300 fine.

Mr Davidson said had Mr Murray won the race, this may have been considered an aggravating factor. The fact that Mr Murray finished 2nd was not, in the Stewards’ view, an aggravating factor that warranted an increase from the starting point offered in the Guidelines.

Mr Murray had little to say on the matter of penalty, simply stating, “it is what it is.”

Reasons for Penalty:

The Respondent has erred by striking his horse with the whip three times in consecutive strides close to the finishing post. PEEKAY finished 2nd, a neck ahead of the 3rd placed horse. On the evidence of the race videos, PEEKAY appears to be at full stretch and giving his best effort during the breach. Mr Murray has a clear record under this sub-section of the Whip Rule. In keeping with the aforementioned Penalty Guidelines, the Adjudicative Committee considers a fine of $300 to be appropriate in these circumstances.

Conclusion:

Class A Rider Brett Murray is fined $300.

Decision Date: 14/12/2024

Publish Date: 16/12/2024