Whangarei RC 8 June 2024 – R9 – Johji Nishizuka

Evidence

Following the running of Race 9, the Respondent Joe Nishizuka 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, Mr Dooley demonstrated that the Respondent struck his mount 8 times from the straight entrance to the 100-metre mark.

Mr Nishizuka agreed with the number of strikes.

Mr Harris on his behalf, said it was his first offence and he was trying a little too hard off the back of getting more frequent rides.

Decision

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

Submissions for Penalty

Mr Dooley produced Mr Nishizuka’s record, which was clear and suggested that Stewards would be seeking a penalty as per the Guidelines, of $500.

Mr Nishizuka made no comment in relation to penalty, other than to add he would learn from his mistake.

Reasons for Penalty

The Penalty Guide starting point for 3 strikes over the 5 strike limit, 1st breach, is a fine of $500.

The Adjudicative Committee does not see any reason to deviate from the Guidelines and imposed a fine of $500.

Conclusion

Mr Nishizuka is fined $500.