Riccarton Park – Banks Peninsula RC 11 February 2023 – R6 – Kavish Chowdhoory

ID: RIB15557

Respondent(s):
Kavish Chowdhoory - Jockey

Applicant:
Mark Davidson - Stipendiary Steward

Adjudicators:
Stewart Ching (Chair), Russell McKenzie

Persons Present:
Kavish Chowdhoory

Information Number:
A21500

Decision Type:
Race Related Charge

Charge:
Breach of Whip Rule

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
OKAY PAL

Code:
Thoroughbred

Race Date:
11/02/2023

Race Club:
Banks Peninsula Racing Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R6

Hearing Date:
11/02/2023

Hearing Location:
Riccarton Park

Outcome: Proved

Penalty: Jockey Kavish Chowdhoory is fined $500

Evidence

Following the running of Race 6, the Respondent, Kavish Chowdhoory, Class A Rider, admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins); or

Using the available race films Stipendiary Steward, Mr Davidson, demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark.

In response, by way of explanation, the Respondent Mr Chowdhoory said he had made a misjudgment.

Decision

As the Respondent Mr Chowdhoory admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Davidson produced the Respondent’s record which indicated 2 previous breaches being, 3 October 2022 at Ashburton – $250 fine and 30 December 2022 – Kurow – $250 fine.

Mr Davidson submitted a penalty for a 3rd breach, commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 10 February 2023) be considered as penalty.

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

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out below.

For breaches of the Whip Rule prior to the 100m mark with one additional strike:

3rd offence starting point $500 fine.

After considering the film evidence, the submissions and having due regard for the number of strikes, the Adjudicative Committee determined there were no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis, the Respondent is fined $500.

Conclusion

The Respondent Mr Chowdhoory is fined $500.

Decision Date: 11/02/2023

Publish Date: 13/02/2023