Waikato TR 2 December 2023 – R7 – Samantha Wynne

Evidence

Following the running of Race 7, the Respondent Ms S Wynne (Jockey) admitted a charge alleging excessive use of the whip striking her horse ZAILA 6 times prior to the 100 metres, and a further 5 times prior to the line.

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

At the commencement of the hearing, Ms Wynne sought permission to leave the hearing early because she had to catch a flight home, to the South Island.  The Adjudicative Committee permitted her to leave, but prior to doing so, she confirmed that she had seen the films and agreed with the number of strikes and that she admitted the charge.  Further, she indicated that would not seek a deferment and would take any suspension following her rides committed for Cromwell on Sunday 3 December 2023.

Using the available race films, Mr Dooley demonstrated that the Respondent struck her mount 6 times from the straight entrance to the 100-metre mark.  She then struck the mount 5 more times in the last 100 metres, thus breaching the Whip Guidelines.

Decision

As Ms Wynne admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mr Dooley produced Ms Wynne’s record, which indicated this was her 4th breach in the last 6 months.

The NZTR Penalty Guide for excessive whip use provides for a $500 fine and a 2 day suspension for a 4th  offence.

While the race concerned was a Group 3 Race and there is provision for Respondents to be fined 50% of their share of the stake, this only applies where the 50% is higher than the fine set out under the Penalty Guide. In this case, the horse ZAILA ran 4th, its share of the stake was $5,000, with the Rider’s share being $250. As this was less than the fine under the Penalty Guide of $500, the guide fine therefore applies.

Reasons for Penalty

The Penalty Guide for a 4th breach provides for a $500 fine and a 2 day suspension.

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes; and the Respondent’s share of stake given the status of the race, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis, the Respondent is fined $500, and a 2 day suspension is imposed.

Conclusion

The Respondent Ms S Wynne is fined $500, and her Licence is suspended for 2 race days, commencing at the conclusion of racing at Cromwell on Sunday 3 December, and concluding at the conclusion of racing at Riccarton Park on Friday 8 December.