Whangarei RC 5 January 2024 – R2 – Kelly Myers

Evidence:

Following the running of Race 2, Information No.  A19491 was lodged alleging the Respondent, Class A Rider, Ms K Myers, struck her mount, MORNING STAR, seven (7) times prior to the 100-metre mark.

Ms Myers confirmed to the Adjudicative Committee that she admitted the breach.

Rule 638(3)(g)(i) provides that a rider must not:

“Strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins)”

Using available Race film Chief Stipendiary Steward, Mr Oatham identified MORNING STAR, ridden by Ms Myers, who was racing wide out on the track.  He pointed out that from the straight entrance to the 100-metre mark she struck her mount seven times. He identified that Ms Myers also struck her mount a further four times between the 100 metres and winning post and on that basis she was not able to avail herself to the use of whip defence due to the total number of strikes being 11.

Ms Myers agreed with the number of strikes, and had nothing further to add.

Decision:

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

Submissions for Penalty:

Mr Dooley said that this is Ms Myers’ first breach of the whip Rule(s) since she resumed race riding in December after a lengthy break.  Because this breach involved two strikes more than permitted, she does not get the benefit of a warning for a first offence.  Mr Dooley advised that the Penalty Guide recommends a $250 fine as the starting point.

Ms Myers said that she is generally careful with her whip use and will ensure that she pays greater attention in the future to ensure no further breaches in the immediate future.

Reasons for Penalty:

Current Penalty Guidelines provide for a fine of $250 for a first breach in circumstances of two additional strikes. In assessing penalty, the Adjudicative Committee took into account Ms Myers’ good record and the nature of the breach.  In this occasion there are no compelling reasons to deviate from the recommended fine set out in the Penalty Guide.

There have been various changes to the whip Rules whilst Ms Myers was absent from racing. She will need to adjust to the changes.

Conclusion:

The Respondent, Ms K Myers is fined $250.