Ashburton RC 30 October 2022 – R5 – Sanu Toolooa

SUMMARY OF FACTS:

Following the running of Race 5, Mr Sanu Toolooa admitted a charge alleging that he used his whip with his arm raised above shoulder height when riding CAITLYN JAY over the concluding stages of the race.

Rule 638(3)(f) provides that a Rider must not use his or her whip:

(ii)  using an action that raises the Rider’s arm above shoulder height.

Using the available video replays, Stipendiary Steward, Mark Davidson, demonstrated that Mr Toolooa’s final two strikes with the whip were in breach of the Rule as his arm was above shoulder height.

Mr Toolooa agreed stating that he got excited and made a mistake.

DECISION:

As Mr Toolooa has admitted the breach, the Adjudicative Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson produced Mr Toolooa’s record, which indicated no previous breaches of this particular Rule within the last 6 months.

Mr Davidson stated that there was no starting point for an initial breach of this particular Rule in the Penalty Guidelines, but submitted that recent penalties showed a starting point of $250 was being adopted.

Mr Toolooa made no submissions on penalty.

REASONS FOR PENALTY:

The appropriate penalty in this case is a fine of $250. This reflects the fact that this was Mr Toolooa’s only breach of this Rule during the last six months, as well as maintaining consistency by mirroring the approach taken by other Adjudicative Committees when considering this particular Rule.

CONCLUSION:

The Respondent is fined the sum of $250.