Auckland TR 21 June 2023 – R5 – Ngakau Hailey

Evidence

Following the running of Race 5, the Respondent, Apprentice Jockey Ngakau Hailey admitted a charge alleging excessive whip use on his mount TIMELESS prior to the 100 metres.

Apprentice Mentor Mr N Harris was present to assist. Mr Hailey has only recently commenced race riding, and this is the first occasion that he has been charged with a breach of any Rule. On that basis, prior to the hearing, the Adjudicative Committee explained to him its respective roles and the procedure that will follow during the course of the hearing.

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, Mrs Selvakumaran demonstrated that Mr Hailey struck his mount 8 times from the straight entrance to the 100-metre mark.

In response, Mr Harris said that Mr Hailey is a keen Apprentice Rider who has had limited race day rides. He said that he is yet to ride a winner and that he will continue to provide him with coaching.

Decision

As Mr Hailey admitted the charge, the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mrs Selvakumaran said that Mr Hailey has had 17 rides and has a clear record. She said that the Penalty Guide provides for a $500 fine.

Neither Mr Hailey nor Mr Harris had anything further to add concerning the penalty.

Reasons For Penalty

After considering the film evidence and the submissions, the Adjudicative Committee determined a fine commensurate with the Penalty Guide to be appropriate in the circumstances.

Conclusion

Mr Hailey is fined $500.