Wellington RC 17 January 2015 – R 9 (heard on 24 January 2015 at Trentham)

hearingid: eb2c7a4738eae1c5f93f45940522757c

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hearing_racingtype: thoroughbred-racing

startdate: 17/01/2015

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hearing_title: Wellington RC 17 January 2015 - R 9 (heard on 24 January 2015 at Trentham)

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Decision:

Wellington Racing Club 17th January 2015 – R9
Rule: 638(3) (b)
Respondent: Mr V Colgan - Licensed Rider

Informant: Mr R Neal - Co-Chief Stipendiary Steward

Information Number: A3233

Plea: Admitted

Charge: Excessive use of whip

Facts:
Following Race 9, JR & N Berkett Telegraph, Mr Neal lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) in that Mr Colgan used his whip excessively riding SACRED STAR prior to 200 metres.

Due to Mr Colgan having to leave the course to catch a flight home this charge was heard one week later on Wellington Cup day at Trentham.

Mr Neal played the head-on video of the race and showed Mr Colgan improving four-wide to the lead. He used his whip in a continuous manner up until the 200metres which the stewards calculated to be eleven strikes without sufficient respite. Mr Colgan went on to win the race however Mr Neal said, on this occasion, due to the significant winning margin, they did not believe his excessive whip use had contributed to him winning. Mr Colgan confirmed that he had won the race by 4 ½ lengths.

Decision:

As Mr Colgan admitted the breach the charge was found to be proved.

Submissions for Penalty:

Mr Neal submitted that, due to the status of the race, there should be an uplift from the starting point (Judicial Committee penalty guidelines) however Mr Colgan’s record under this rule was unparalleled. He started riding in 1991 and has never been charged or warned with excessive use of the whip. Mr Neal said if the breach had occurred in a lesser race Mr Colgan may well have only received a stipendiary stewards’ warning however Group 1 races are viewed internationally and it is important that riders are seen to ride within the rules.

Mr Colgan agreed that he had hit his horse eleven times prior to the 200 metres but asked the committee to take into account his style when using the whip. He explained the difference between using the whip in an overhand manner and using it in a backhand manner. In this case Mr Colgan had used a backhand action which is less forceful and kinder to the horse.

Reasons for Penalty:

In coming to a decision on penalty the committee had regard to Mr Colgan’s admission of the breach, the manner in which he used the whip, and in particular his remarkable record. We were aware of the $1000 fine imposed on the winning rider in the 2014 Group 1 New Zealand Oaks for the same breach and, in order to be consistent, used this as a guide. In this case however, we were dealing with a rider with an unblemished record and a very different whip style. If a rider has a poor record there is usually a substantial deterrent factor within the penalty but Mr Colgan has ridden for 25 years without a single whip charge. The only aggravating factor was the Group 1 status of the race.

Penalty:

Taking into account all of the submissions we fined Mr Colgan the sum of $450.00.

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hearing_type: Old Hearing

Rules: 638(3)(b)

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