Whangarei RC 29 June 2024 – R2 – Kelly Myers

Evidence:

Following the running of Race 2, the “Ruakaka NZ’s Best Bet in Winter” 1100m, Mr Dooley presented an Information charging Ms Myers with a breach of the Whip Rule 638(3)(g)(i) in that she struck her mount “DUPONT” six times prior to the 100 metre mark.

Ms Myers admitted the charge.

The race films depicted Ms Myer’s mount “DUPONT” commencing a run from midfield at about the 250 metre mark.  It was hard ridden by Ms Myers, and struck 6 times with the whip before the 100 metre mark and a further 6 times before the finish, so as to get up and win.

Because of the recent amendment to the Rule, there would not have been an offence if there had only been 4 strikes over the last 100 metres.  So the breach of the Rule was by the one excessive strike prior to the 100 metre mark.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Dooley advised that Ms Myers had 2 previous relevant breaches of this Rule, namely on 5 January and 15 April 2024.

Ms Myers made no submissions other than she miscounted.

Reasons for Penalty:

The Penalty Guide suggests a fine only for a “3rd breach of this Rule when there is only one excessive strike prior to the 100 metre mark.  There are no circumstances which would require any adjustment.

Conclusion:

Accordingly, Ms Myers is fined $500.