Taranaki RI 23 July 2022 – R3 – Troy Harris

Evidence

Following the running of Race 3, the Respondent Mr T Harris admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race 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); or

Using the available race films Mr Goodwin demonstrated that Mr Harris struck his mount 7 times from the straight entrance to the 100-metre mark.  Mr Goodwin said Mr Harris was only recently back riding after a 6 month break.

Upon viewing the films Mr Harris conceded he had hit his horse 7 times.

Decision

As Mr Harris admitted the breach the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Goodwin produced Mr Harris’ record which showed he had received a warning last Wednesday (20/7/22) for striking his horse 6 times.

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out below.

Whip – For breaches of Rule 638(3)(g)(i), 5 times prior to the 100m mark:

Offence	1 additional strike	2 additional strikes	3 additional strikes	4 or more additional strikes
1st	Warning	$250	$500	Suspension 5 National Days
2nd	$250	$500	Suspension 5 National Days	Suspension 5+ National Days
3rd	$500	Suspension 5 National Days	Suspension 5+ National Days	Suspension 5+ National Days
4th	$500 + Suspension 2 National Days	Suspension 5+ National Days	Suspension 5+ National Days	Suspension 5+ National Days
5th and following	Suspension 5+ National Days	Suspension 5+ National Days	Suspension 5+ National Days	Suspension 5+ National Days

Mr Harris has used the whip 2 more times than permitted and this is his second breach therefore the starting point is a $500 fine.  The Adjudicative Committee determined there were no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis Mr Harris is fined $500.

Conclusion

Mr Harris is fined $500.