Riccarton Park – Banks Peninsula RC 11 February 2023 – R4 – Kin Kwo

Evidence:

Following the running of Race 4, 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 SASSMAN he allowed his mount to shift in dictating SASSY CHOUXS inwards onto SISTER SARAH who was crowded and checked near the 1200m.  

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 Mr Davidson demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward Mr Davidson said that approaching the 1200 metre mark, the Respondent has shifted ground inwards dictating SASSY CHOUXS inwards onto SISTER SARAH, who was crowded and had to check.

In response, the Respondent stated that he had made a misjudgment.

Decision:

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

Submission for Penalty:

Stipendiary Steward Mr Davidson produced the Respondent, Mr Kwo’s riding record, which indicated 3 previous breaches under the Careless Riding Rule in the last 12 months, namely 6 April 2022 at Ashburton – 5 day suspension, 29 July 2022 at Riccarton – 6 days and 30 October 2022 at Ashburton – 4 day suspension. Mr Davidson stated that this breach was low level and submitted that a 5 day starting point be considered as per the Penalty Guide.

The Respondent advised of riding engagements through until 18 February 2023, and sought a deferment to any proposed suspension.

The Respondent elected to make no submissions in regard to penalty.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent’s carelessness to be in the low range and adopted a 5 day (suspension) as the starting point. This conforms with the NZTR Penalty Guide (as of 10 February 2023).

The Respondent’s riding record is treated as an aggravating factor and a 2-day uplift was applied to the 5-day starting point. For his frank admission of the breach, a discount is warranted, which we set at 1 day.

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

Conclusion:

The Respondent’s request for a deferment is granted, and his licence to ride in races is suspended for a period of 6 days commencing after racing on 18 February 2023, and concluding after racing on 1 March 2023.