Waikato TR 14 April 2024 – R6 – Ciel Butler

Evidence:

Following the running of Race 6, Stipendiary Steward Mrs L Selvakumaran filed an Information alleging Apprentice Rider Ms C Butler, breached Rule 638(3)(g)(i) in that she struck her mount ORANGE PEARL eight times prior to the 100 metres.

Ms Butler admitted the breach and was assisted at the hearing by Senior Rider Mr C Grylls.

Using the available race films of the concluding stages of the race, Mrs L Selvakumaran identified ORANGE PEARL ridden Ms Butler.  She pointed out that shortly after entering the home straight, Ms Butler struck her mount twice, then paused for a few strides before applying a further six strikes – eight in total. At least two of the strikes were applied with some force.

The films also show that she struck her mount at least four more times inside the 100 metres. Her mount won the race.

Ms Butler agreed with the number of strikes and had nothing further to add.  Mr Grylls said that the breach was evident (on the films), and he had nothing further to add.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mrs L Selvakumaran advised that Ms Butler has had two breaches of the Whip Rule in the past 6 months, namely:

7 December 2023 – 8 strikes (5 day suspension)

16 December 2023 – 7 strikes (5 day suspension)

Mrs L Selvakumaran identified as an aggravating factor, that Ms Butler won the race.  She said that the Penalty Guide starting point is a 5 (plus) day suspension.

Ms Butler sought to defer any proposed suspension until after racing on 21 April 2024. Neither she nor Mr Grylls offered any submissions as to penalty.

Reasons for Penalty:

In circumstances of a third breach of 3 additional strikes (i.e. 8 strikes), the Penalty Guide provides for a starting point penalty of 5 plus national days.  The Adjudicative Committee noted that two of the 8 strikes were reasonably forceful and Ms Butler’s mount, ORANGE PEARL, won the race.

After considering the film evidence, the submissions and having due regard for the number of strikes and force applied, the Adjudicative Committee determined that an 8 day suspension is appropriate.

Whilst Ms Butler cannot be penalised for previous breaches, it should be of concern to her and those who are providing her with coaching and advice, that this is her 9th breach of the Excessive Whip Use Rule from 336 career rides since October 2022 (a period of 18 months). Stewards have also issued her with warnings over this period.  Therefore, at some point very soon, she will either need to take corrective action regarding her whip use, or face the possibility of referral to the Rider Skills Panel for remedial training.

Conclusion:

Ms Butler is granted a deferment to the start of her suspension.  Her License to ride in races is suspended from the end of racing on 21 April 2024, and will conclude at the end of racing on 3 May 2024.