Wellington RC 15 July 2023 – R7 – Shaun Fannin

Following the running of Race 7, Grant Plumbing Wellington Steeplechase, an Information was filed pursuant to Rule 638(2). The Informant, Mr Oatham, alleged that Mr Fannin made a celebratory gesture prior to his horse passing the winning post.

Mr Fannin acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(2) provides: A Rider shall not make a celebratory gesture prior to his horse passing the winning post. 

Mr Oatham demonstrated the incident using the available video footage. He said that Mr Fannin made a celebratory gesture just short of the winning post.

Decision

As Mr Fannin admitted the breach, the Adjudicative Committee found the charge proved.

Submissions For Penalty

Mr Oatham said that Mr Fannin has a clear record in regard to the Rule. He said that it was not the worst breach, but horse and Rider were tired at the end of a long race, and it would have been unfortunate if the horse had ducked out prior to the post and lost the race.

Mr Oatham said that breaches of this Rule usually came under the Minor Infringement Scheme, but because it was a Prestige Jumping Race, he elected to place it before the Adjudicative Committee.

Mr Fannin said he would like the Adjudicative Committee to consider that this was the first time he had been charged with a breach of this type.

Reasons For Penalty

As per the Penalty Guide, the initial starting point for a breach of this Rule is a $300 fine. This starting point serves as a baseline to evaluate the severity of the offence and determine the subsequent penalty.

In situations where breaches occur in races of Black-Type or Prestige Status, which attract higher stakes, it is customary to escalate the penalties accordingly. For instance, Mr Zackey was fined $750 for making a celebratory gesture during a $1,000,000 race in January this year. The financial significance of the race influenced the penalty imposed.

Mr Fannin, being a Jumps Rider, operates in a more limited opportunities environment compared to Flat Riders. It is worth noting that he has previously been fined $1,700 for another whip breach during the same race. These factors have been taken into account by the Adjudicative Committee in their assessment.

After considering the totality of Mr Fannin’s breaches and taking into account his unique circumstances, the Adjudicative Committee has determined that a $300 fine would be a sufficient and appropriate penalty in this case. This decision maintains consistency in penalty assessment, while acknowledging the unique nature of Jumps Riding and the penalty already imposed on Mr Fannin.