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Auckland TR 21 January 2023 – R4 – Damian Lane

ID: RIB14758

Respondent(s):
Damian Lane - Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Mr Adam Smith (Chair), G Jones

Persons Present:
Mr B Jones - Senior Stipendiary Steward

Information Number:
A18954

Decision Type:
Race Related Charge

Charge:
Excessive use of whip

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Stewards Report

Results

Animal Name:
ETHEREAL STAR

Code:
Thoroughbred

Race Date:
21/01/2023

Race Club:
Auckland Thoroughbred Racing

Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120

Race Number:
R4

Hearing Date:
21/01/2023

Hearing Location:
Pukekohe Park Racecourse

Outcome: Proved

Penalty: Jockey Damian Lane is fined $4000

Evidence

Following the running of Race 4, the Karaka million 2yo, the Respondent D Lane admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) 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); or

Using the available race films, Mr Oatham demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark.

When asked for comment, Mr Lane had nothing to add.

Decision

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Oatham produced the Respondent’s record and advised that visiting Australian Riders were treated as having a clean record when first visiting NZ, at which time only Rule breaches in NZ were recorded against their NZ record.

Stewards assessed the breach as low and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).

The Respondent’s share of the stake was $8500.

Mr Oatham said a first breach 1 strike over the Guidelines would usually be treated as a warning, however with all whip breaches in any Black-Type 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 Respondent had nothing to add when asked for comment.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is the greater of a warning or 50% of the Rider’s stake money, should the breach occur in a Black Type race.

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes; the force used; and the Respondent’s share of stake and the status of the race, the Adjudicative Committee determined that an appropriate penalty is $4000.

Conclusion

The Respondent Mr Lane is fined $4000.

Decision Date: 21/01/2023

Publish Date: 24/01/2023