Wellington RC 15 July 2023 – R7 – Shaun Fannin

ID: RIB25254

Respondent(s):
Shaun Fannin - Jockey

Applicant:
Mr J Oatham

Adjudicators:
N Moffatt and N McCutcheon

Persons Present:
Mr Neil Goodwin - Stipendiary Steward

Information Number:
A17428

Decision Type:
Race Related Charge

Charge:
Whip use above shoulder height

Rule(s):
638(3)(f)(ii) - Contravention whip rule

Plea:
Admitted

Animal Name:
WEST COAST

Code:
Thoroughbred

Race Date:
15/07/2023

Race Club:
Wellington Racing Club

Race Location:
Trentham - 10 Racecourse Rd, Upper Hutt, 5018

Race Number:
R7

Hearing Date:
15/07/2023

Hearing Location:
Trentham Racecourse

Outcome: Proved

Penalty: Jockey Shaun Fannin is fined $1700

Following the running of Race 7, Grant Plumbing Wellington Steeplechase, the Respondent, Rider Shaun Fannin, admitted a charge alleging that he had used his whip with an action which raised his arm above shoulder height.

Rule 638(3)(f)(ii) provides:

Without limiting the generality of subrule 638(3)(e), in a Flat Race or Jumping Race, a trial (including jump-outs and/or tests for certification purposes) a Rider must not use his or her whip:
(ii) using an action that raises the Rider’s arm above shoulder height;

EVIDENCE:

Chief Stipendiary Steward, John Oatham, showed a video replay of Mr Fannin riding WEST COAST, as he jumped the final fence. From there until the finish, he struck his mount 8 times, with 4 of those strikes clearly being above shoulder height. The other 4 were marginal.

Mr Fannin agreed with Mr Oatham’s interpretation of the video regarding his whip use.

DECISION:

As the Respondent admitted the breach, the Adjudicative Committee finds the charge proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham said that the Respondent had a clear record under this Rule however it was a poor look seeing a horse being hit at the end of a long race, in such a manner. Previously, other Riders charged with the same breach, had incurred fines in the vicinity of $450 – $500. Today’s race is classified as a Prestige Jumping Race and Mr Fannin won the race, with his share of the stakes being $4,312.50.  Mr Oatham submitted that a penalty in line with the Penalty Guidelines was appropriate.

Mr Fannin said it was the end of a long race and he asked the Adjudicative Committee to take into account that he hadn’t ever been pulled up for this before.

REASONS FOR PENALTY:

The March 2022 NZTR Penalty Guidelines provide that for breaches of Rule 638(3)(f)(ii), the starting point is a fine of $250, however in all breaches of the whip Rules in any Prestige Jumping race the starting point for a fine will be an amount equal to 50% of the Jockey’s share of the stake earned by their mount and may be in addition to any suspension imposed.

The Wellington Steeplechase is a Prestige Jumping Race, and a pinnacle of the jumping calendar. It was observed that Mr Fannin employed the whip in a manner that exceeded shoulder height. Such a technique amplifies the force applied and is considered an unacceptable manner of whip use. In an Industry that places great emphasis on horse welfare, actions like these cannot be condoned.

Penalties for whip use violations must serve as both a deterrent and a clear message that such behavior will not be tolerated. The Adjudicative Committee firmly believes that any penalties imposed, should emphasise the significance of protecting horse welfare and promoting responsible conduct.

The Adjudicative Committee took into account all submissions and adopted a starting point of $2000 (approximately 50% of earned stakes). Mr Fannin is an experienced and successful Jumps Rider who, until now, has maintained an unblemished record. This is the first instance in which he has been charged with a breach of this particular Rule. Considering his clear history, the Adjudicative Committee has taken this into account and extended a small discount.

CONCLUSION:

The Respondent, Rider Mr Shaun Fannin, is fined $1700.

Decision Date: 15/07/2023

Publish Date: 17/07/2023