Waverley RC 30 September 2021 – R3 (heard 2 October 2021 at Hastings) – Sam O’Malley

ID: RIB5010

Respondent(s):
Sam O'Malley - Jockey

Applicant:
Mr Neil Goodwin - Stipendiary Steward

Adjudicators:
Bruce Mainwaring

Persons Present:
Mr M Williamson, Mr J Oatham - Stipendiary Stewards

Information Number:
A14597

Decision Type:
Adjudicative Decision

Charge:
Consecutive use of the whip

Rule(s):
638(3)(g)(ii) - Consecutive use of the whip

Plea:
Admitted

Animal Name:
Kew Player

Code:
Thoroughbred

Race Date:
30/09/2021

Race Club:
Waverley Race Club

Race Location:
Waverley Racecourse - Ihupuku Road, Waverley, 4510

Race Number:
R3

Hearing Date:
02/10/2021

Hearing Location:
Hawkes Bay Racecourse - 300 Prospect Road Hawkes Bay 4122

Outcome: Proved

Penalty: Jockey Sam O'Malley is fined a sum of $150

SUMMARY OF FACTS:

The Information alleged Mr O’Malley struck his mount Kew Player in successive strides near the finish of Race 3.

The hearing of the charge was held over from race day. At the outset of the hearing Mr O’Malley confirmed he understood the Rule and admitted the breach.

Mr Goodwin showed a video of the final stages of the race. Kew Player finished strongly from the back of the field to finish second within a length of the winner. Just short of the line Mr O’Malley is seen to strike his mount over consecutive strides. Mr O’Malley had received a warning in relation to a similar offence in Race 1 (Establishment).

REASON FOR DECISION:

Mr O’Malley admitted the breach, therefore the charge was deemed proved.

SUBMISSION FOR PENALTY:

Mr Goodwin referred to the revised Penalty Guidelines for improper whip use effective 1st September 2021. Same outlines provision of a warning in the case of two consecutive strikes with Stewards afforded discretion to charge after prior warnings or if subsequent to prior offences, with such charge on the same basis as 3 consecutive strikes. Given Mr O’Malley’s recent record a penalty in line with the  revised Guidelines – 1st offence 3 consecutive strikes was recommended.

REASON FOR PENALTY:

A breach of the Rule was admitted and demonstrated.  Mr O’Malley’s share of stake is less than $150 therefore this fine is deemed appropriate.

CONCLUSIONS:

Mr O’Malley is fined a sum of $150.

Decision Date: 02/10/2021

Publish Date: 04/10/2021