Thames JC 3 January 2024 – R8 – Billy Jacobson

Evidence

Following the running of Race 8, the Respondent Class A Rider Billy Jacobson (Rider of FINAL PURCHASE), admitted a charge alleging excessive whip use prior to the 100 metres. Particulars of the charge were that he used his whip seven (7) times 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);

Using the available Race films, Mr Jones demonstrated that Mr Jacobson struck his mount 7 times from the straight entrance to the 100-metre mark. He said the first two strikes were down the shoulder. He added that between the 100 metres and the winning post he struck his mount a further 6 times.  On that basis, Mr Jones said that he cannot avail himself to the defence that would otherwise have been available to him.

Mr Jones pointed out that FINAL PURCHASE won the Race by a narrow margin (nose) and the Connections of the other placed horse may rightly feel aggrieved that Mr Jacobson’s mount won the Race, and in doing so, he breached the whip Rule.

In response, Mr Jacobson said that he thought his whip use was in compliance with the Rule and that after viewing the films accepted, he misjudged the 100 metre mark.  He further stated that he believed he could reasonably use his whip in the final 100 metres, so long as his strikes were not consecutive.

Decision

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mr Jones produced Mr Jacobson’s record which indicated one previous breach on 9 December 2023 at Pukekohe (eight strikes – being three more than permitted) resulting in a $500 fine.  Mr Jones said that the Penalty Guide provided for a $500 fine for a second breach involving two additional strikes.

Mr Jacobson offered no further submissions as to penalty.  He has been riding in New Zealand for less than 2 months (ex-South Africa), and he clearly understands and accepts that he needs to adjust style in terms of his whip use to ensure he is in compliant with NZTR Rules and requirements.

Reasons for Penalty

The Race films clearly establish that Mr Jacobson struck his mount two times over the permitted limit of 5 strikes prior to the 100 metre mark. NZTR Rules provide that it shall not be a contravention of the Rule if a Rider strikes his horse seven times prior to the 100 metre-mark, providing that the Rider does not strike the horse more than three times after the 100 metre-mark. On this occasion Mr Jacobson did contravene the Rule because in the final 100 metres his struck his horse six times.

In such circumstances the Penalty Guide provides for a $500 fine.

In determining whether his use of the whip over the concluding 100 metres was an aggravating factor, the Adjudicative Committee did review the Race films, noted that he did strike his mount 6 times, but the strikes were well spaced at one strike every three strides. This was not deemed to be excessive nor were any of the strikes consecutive. The fact he won the Race was considered an aggravating factor and a $100 uplift was applied to the $500 starting point.

Conclusion

The Respondent Mr Jacobson was fined $600.