Seven jockeys who broke the contentious whip rules in the Melbourne Cup – including Kerrin McEvoy and Joao Moreira who waged a titanic struggle down the Flemington straight – were not fined or suspended due to a change in an interpretation of the regulations.
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The finish of the Melbourne Cup
Some of the jockeys from yesterday's Melbourne Cup are in trouble for whip use.
McEvoy and Moreira headed up a host of hoops who only received reprimands for using the whip more than five times prior to the 100-metre mark, but each escaped sanctions despite the high stakes on offer in the $6.2 million handicap.
Five of the seven jockeys who were hauled before stewards rode their mounts into money-spinning finishes including Michael Walker on Almoonqith (sixth), Pentathlon's rider Mark du Plessis (ninth) and Jamie Spencer on Big Orange (10th).
Oceanographer's hoop Chad Schofield (12th) and Stephen Baster on Secret Number (21st) were also cautioned.
Eyebrows were raised when none of them were penalised for breaches which were either one or two strikes more than permitted.
But Racing Victoria's chief steward Terry Bailey conceded a recent direction from Racing Australia allows flexibility in penalties if jockeys don't wield the whip excessively in the last 100 metres when their use is unrestricted.
"What we've been asked to do is take in the totality of whip use and whilst riders might be one or two over [the limit] their handling or use of the whip over the final 100 metres was reasonable in the context," Bailey said of the Melbourne Cup. "And that's the reason there weren't any fines imposed."
![Whipping them: Kerrin McEvoy (left) and Joao Moreira both broke the whip rule during the Melbourne Cup.](/web/20161105041919im_/http://www.theage.com.au/content/dam/images/g/s/f/h/o/w/image.related.articleLeadwide.620x349.gsg6o5.png/1478071899719.jpg)
It is in stark contrast to the approach stewards adopted as recently as six months ago when Racing NSW stipes doled out almost $11,000 in fines during The Championships, the state's two richest race meetings, for even the most minor whip infractions.
Hugh Bowman was fined $2000 for using the stick two more times than allowed before the 100 metres on Preferment during his BMW win, widely regarded as one of the best tactical rides for years as he refrained from relying on the whip late.
McEvoy was similarly praised for his hands and heels ride on Almandin over the concluding stages as he edged past Hong Kong-based wizard Moreira on Heartbreak City in the Cup. Both used the whip seven times on their mounts before the 100-metre mark – two more than allowed.
But with the goalposts shifting on the implementation of penalties riders aren't being automatically slugged heavy fines – even if they flout the rule during an occasion such as Australia's richest race.
"It has been working well and we seem to be getting a significant cultural shift," Racing Australia chief executive Peter McGauran said of the revised policy. "The jockeys seem to have adapted to it.
"We're watching this and will tally the results from each of the chairman of stewards across the country. But it appears the new discretion to stewards is working."
There were 14 reprimands for overuse of the whip during the Melbourne Cup meeting at Flemington – including six in the other distance race over 2800 metres – but no fines or suspensions.
One of the country's most decorated ex-stewards Des Gleeson is preparing a review into the whip rule, which has been widely condemned as inflexible and unworkable since its introduction last year.
It has stripped in the vicinity of $200,000 from jockeys, who have railed against the rule through the Australian Jockeys Association.
RSPCA Victoria chief executive officer Dr Liz Walker said it remains opposed to the use of whips in racing when most are used during the final stages of a race "when [horses] are slowing down due to fatigue".
"We support the introduction of hands and heels racing where whips are no longer used for performance, but may be carried for safety purposes where proven necessary," she said.
"It is disappointing that seven jockeys in the Melbourne Cup alone have breached the rules of racing in regard to whip use. That so many experienced jockeys are still breaching the whip rules raises significant concerns with jockey training and ongoing education as well as the existing level of penalties for whip rule breaches."
The Racing Australia board will meet in early December to decide whether the whip rule will be amended.
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