Waikato TR 6 July 2024 – R10 – Tegan Newman

BACKGROUND:

Following the running of Race 10, the Respondent, Class A Jockey Tegan Newman, admitted a breach of Rule 638(3)(g)(i) in that, as the Rider of IRRIGATE, she struck her mount 6 times prior to the 100 metres.

This charge was heard after Race 10.

Ms Newman breached the same Whip Rule in Race 9, and that charge was dealt with prior to this matter coming to light.

Rule 638(3) provides:

(g) Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), 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.

EVIDENCE:

Using the available race films, Chief Stipendiary Steward Mr Oatham demonstrated the concluding stages of the race from the straight entrance.  He pointed out that Ms Newman, whose mount IRRIGATE was finishing the race off strongly wide out on the track.  He said that she struck her mount 6 times prior to the 100 metres, and a further 5 strikes inside the final 100 metres.

In response, Newman said that she thought she had counted the correct number of strikes.

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham  said that this is Ms Newman’s third breach within the past 6 months.  Her previous breach occurred in Race 9, but the charge was not heard until after Race 10.

Mr Oatham advised the Penalty Guide starting point for a third breach is a fine of $500 and recommended that this would be an appropriate penalty under the circumstances. He added that although Ms Newman’s mount finished a close second in the race, Stewards did not believe her whip use was a factor in achieving this placing.

Ms Newman said that although she accepted the inevitability of a fine being imposed, she pointed out that a $500 fine is harsh, on the back of her earlier $250 fine (Race 9). Further, she said that she is “battling to get good rides at the moment” and was trying to win the race.

REASONS FOR PENALTY:

The Racing Penalty Guide provides for a $500 fine as the starting point for a third breach involving 6 strikes. The Adjudicative Committee noted that there is a defence to a charge involving 6 strikes, but for this to apply, a Rider must not strike their mount more than 4 times in the final 100 metres.  On this occasion, Ms Newman struck her mount 5 times over the concluding 100 metres and on that basis, the defence does not apply.

There are no compelling reasons to deviate from the Penalty Guide.  Ms Newman’s submission that she is struggling to secure rides at the moment was noted.  However, she did not seek a suspension rather than a fine. In any case, a suspension would further reduce Ms Newman’s opportunities to secure raceday mounts and therefore was not a viable option.  Accordingly, a $500 is imposed, which is in addition to the $250 fine arising from a similar breach in Race 9.

CONCLUSION:

The Respondent, Jockey Tegan Newman, is fined $500.