Wellington RC 15 January 2022 – R8 – Ryan Elliot

SUMMARY OF FACTS:

Following Race 8 (JR & N Berkett Telegraph – Group 1) Information No. A14505 was filed with the Adjudicative Committee.  It was alleged by the Applicant Mr Oatham that Mr Elliot the Rider of LEVANTE used his whip excessively (7 times) prior to the 100m.

(The Whip Rules allow for a horse to be struck 5 times only prior to the 100m).

Mr Elliot confirmed to the Adjudicative Committee that he understood the Rule, the charge and that he admitted the breach.

Film replays were shown, which showed Mr Elliot had struck his mount 7 times before reaching the 100m and went on to win the race by the barest of margins.

Mr Elliot agreed that it was 7 times.

DECISION:

As the charge was admitted together with the film evidence, the breach preferred under Rule 638(3)(g)(i) was found proved.

PENALTY SUBMISSIONS:

Mr Oatham produced Mr Elliot’s record and said that today’s whip charge was the fourth in the last six months.  The records showed:

07 August 2021        –           Fined $500

04 September 2021 –           5 Days Suspension + $200 Fine

16 October 2021      –           6 Days Suspension

Mr Oatham added that it was now 3 months since Mr Elliot had breached the Rule.

Mr Oatham referred to the Penalty Guide and said that the starting point was 5 Days Suspension & 50% of the Jockey’s share of the stake.  He also invited the Adjudicative Committee to consider that it was a Group 1 event with a stake of $250,000 and that additional penalties may be imposed.

In answer to a question from the Adjudicative Committee Mr Oatham said that the Rider of the 2nd placed horse rode within the Whip Rules.

Mr Elliot said that it took him a couple of months to change his whip style and that he had a clear record for 3 months.  He added that he does ride a lot.

Mr Elliot further said that it (Trentham) is a long straight and it was a high pressured race.  He asked for any suspension to start after 22 January 2022.

REASONS FOR PENALTY;

The Adjudicative Committee gave long and careful consideration in determining penalty.

The matters taken into consideration are as listed:

4th breach in 6 months

Group 1 event with a stake of $250,000

Won the race by a nose only

Penalty Guide starting point

The admitted breach

The 4th breach within 6 months under Rule 638(3)(g)(i) has a starting point of 5+ National days Suspension and 50% of the Jockey’s stake.  There is also provision for uplift; Group 1 – 3 days, Group 2 – 2 days, Group 3/Listed – 1 day.

Under all of the circumstances relating to penalty it was deemed that the appropriate sanction was a suspension of 8-Riding Days plus a fine of $4,000.

The monetary penalty is an uplift of approximately $400.

CONCLUSION:

Mr Elliot’s Jockey’s Licence was suspended from the end of racing on 22 January 2022 up to and including racing on 7 February 2022 (8-National Riding Days and fined $4,000).