Waikato RC 20 November 2021 – R8 – Leith Innes

SUMMARY OF FACTS:

Following the running of Race 8, the Dunstan Feeds Auckland Thoroughbred Breeders’ Stakes, Mr Oatham presented an Information alleging that Mr L Innes the Rider of VERNAZZA, breached Rule 638(3)(g)(i) in that he struck his mount with the whip more than 5 times prior to the 100 metre mark.

SUBMISSIONS:

Mr Oatham demonstrated the actions of Mr Innes, which lead to the breach, from the race film.  Mr Innes struck his mount 7 times in the home straight prior to the 100 metre mark.  The horse finished 5th.  The strikes were well spaced.

REASON FOR DECISION:

Mr Innes admitted the breach and it is deemed proved.

SUBMISSION FOR PENALTY:

Mr Oatham advised that Mr Innes has a previous breach of this Rule on 24 July 2021 when he applied the whip 9 times before the 100 metre mark.  He submitted that a $500 fine, in line with the Penalty Guidelines should be imposed.  He said that although this was a Group 2 Race, Mr Innes’ mount only finished 5th and suspension was not considered necessary.

Mr Innes said that he had not ridden for 4 months because of being in lockdown; this was his first day resuming riding; and asked for leniency.  He said he preferred suspension rather than a fine.

REASON FOR PENALTY:

The Committee considered that the Penalty Guideline for a second offence starting point (greater of $500 fine or 50% of Jockey share of stake) ought apply.  Mr Innes’ share of stake for 5th place was negligible.

CONCLUSIONS:

Mr Innes is fined $500.

The Committee records that although this was a Black Type Race, and the Guide refers to “Additional National Riding Days” be added, Mr Oatham did not seek for this to be applied as, he said, Mr Innes only finished 5th, the strikes were well spaced, in the lower range, and he has been prevented from riding for a long time.  The Committee observes that the Guide is not entirely clear as its reference to “additional strikes” implies that a suspension has already been imposed and it may envisage added days to that – rather than substitution of suspension for the recommended monetary penalty.