Riccarton Park – Canterbury JC 29 July 2022 – R7 – Kin Kwo

Evidence:

Following the running of Race 7, the Respondent, Class A Rider, Kin Kwo, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of THE BOLD LOOK, he permitted his mount to shift inwards near the 175 metres when not sufficiently clear of MARCHING ON TAVI,  which was checked.  

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using the available race films Stipendiary Steward Ms Veronica Algar, with the assistance of Chief Stipendiary Steward, Mr John Oatham, demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward, Ms Algar, said that approaching the 175  metre mark, the Respondent has shifted ground inwards when under a ride and when not clear and has taken the rightful line of  MARCHING ON TAVI, ridden by Mr Lee Callaway, who had to check. Mr Oatham added that when Mr Kwo had drawn the whip and struck the horse behind the saddle near the 175 metres, THE BOLD LOOK reacted by shifting in and as a result interfered with MARCHING ON TAVI.

In response, the Respondent stated that the THE BOLD LOOK was having it’s first start and was very green. He stated that when the horse hit the front he raced greenly, possibly shying at something on the outside of the track, which contributed to his shift inwards.

Decision:

As the Respondent admitted the breach the Adjudicative Committee finds the breach proved.

Submission for Penalty:

Stipendiary Steward, Ms Algar produced the Respondent’s  riding record which indicated 1 previous breach under the Careless Riding Rule in the last 12 months, namely at Riccarton on 6 April 2022 where for a low range breach, a 5 day suspension was imposed.

The Respondent, Mr Kwo, has had 134 mounts in the past 12 months.

Stipendiary Steward, Ms Algar, said Stewards assessed the level of carelessness to be in the mid- range.

The Respondent made no submissions in regard to penalty apart from requesting that any suspension begin as soon as possible.

Reasons for Penalty:

After considering all submissions the Adjudicative Committee also determined the Respondent’s  carelessness to be in the mid range and accordingly adopted a 7-day (suspension) as the starting point. This conforms with the NZTR Penalty Guide.

The available films clearly established that the Respondent was not clear of MARCHING ON TAVI when shifting into that horse’s rightful line near the 175 metres.

The Respondent’s riding record is treated as a neutral factor and a 1-day reduction was applied to the 7-day starting point for his  admission of the breach and to some small degree, the horse’s manners.

After consideration of the above factors a 6-day suspension was imposed.

Conclusion:

The Respondent is suspended for a period of 6 days commencing after racing today 29 July 2022 and concluding after racing on 19 August 2022.