Manawatu RC 1 April 2023 – R5 – Fred Kersley

Evidence

Following the running of Race 5, the Respondent Mr F Kersley 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

The Information stated that Mr Kersley struck his mount CHEVAL D’OR 6 times from the straight entrance to the 100-metre mark. Mr Kersley accepted that this was the correct number of times he used the whip.

Decision

As Mr Kersley admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Oatham said Mr Kersley had run 3rd in the race which held Group 3 status, and submitted that a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022) be imposed.

Reasons For Penalty

Mr Kersley is an Australian Jockey riding for one day in New Zealand, therefore his record is considered clear. The Penalty Guide states that in all breaches of the Whip Rules in any Black-Type Race, the starting point for a fine will be an amount equal to 50% of the Jockey’s share (as per updated NZTR Penalty Guide dated February 2023). 

Mr Kersley earned $450 for running 3rd.

After considering the evidence and submissions, the Adjudicative Committee determined there were no compelling reasons to depart from the starting point set out in the Penalty Guide.

Conclusion

On that basis, the Respondent is fined $225.