Southland RC 19 February 2022 – Races 7, 8 and 9 (heard 5 March 2022 at Wingatui) – Savish Khetoo

Mr Khetoo has admitted three breaches of the Whip Rules arising out of the running of three races at the Southland Racing Club on Saturday, 19 February 2022. The charges were heard together.

The Adjudicative Committee viewed the three races in question. Mr Khetoo can be seen to strike his mount CARLOS when racing near the rear of the field in Race 7 with his arm raised above shoulder height. He has struck his mounts KILOWATT and TYLER EIGHT in Races 8 and 9 six times before the 100 metres.

Miss Algar stated that the Respondent had started using the whip quite early in the latter two races but on each occasion once he reached the 100 metres, he had stopped striking the horse. She said it appeared to be errors of judgment. She said he had previously been warned on one occasion about raising the whip above shoulder height. She added that Mr Khetoo had always been polite and respectful in the room.

Mr Tyler explained that the Respondent gets “mixed up” when riding at Invercargill due to the need to be handy on straightening for the run home. It was a tight bend and there was a front runner’s bias on the day. He said Mr Khetoo just starts using the whip too soon and he needs to go hands and heels.

Mr Walsh agreed with Mr Tyler’s comments with respect to the Invercargill track and the need to be urging horses by the 600 metres. He submitted that as the Respondent was an Apprentice and would only receive half the riding fee, the fine should also be halved. He said he had made this same submission to the Adjudicative Committee at Riverton on New Year’s day, and it had been accepted.

Mr Walsh also stated that he was assisting Mr Khetoo and had arranged for him to be seen by a prominent sports psychologist. With Covid, he had not been able to hold Apprentice Schools. He believed that Mr Khetoo did not cope well with the pressure of riding on the bigger days and perhaps less rides on such days would be an option. The breaches themselves, he said, were low end.

Mr Khetoo said he was receiving assistance. He did not know why he had breached the Whip Rule on the day. He had previously been riding “okay”.

Mr Tyler added the Respondent not riding at Invercargill or on feature days were options that he would consider.

Mr Khetoo has admitted the breaches, so they are found to be proved.

Miss Algar stated that the Respondent had one previous breach of the Rule. On that occasion it was seven strikes, and the penalty was a five-day suspension. The starting points were a $500 fine and five days’ suspension. She said the Respondent had a quite a good record and she was sure he would learn from Mr Tyler and Mr Walsh.

Mr Walsh said the penalty should be one that fitted the fact the breaches were low end.

Mr Tyler agreed with Mr Walsh’s comments.

Mr Khetoo asked that any fine be a little as was appropriate as he would have difficulty in paying a fine.

Mr Khetoo’s breaches are all low end. The strikes were well spaced. Mr Khetoo has simply used the whip too soon and on the other occasion raised his whip too high. The penalties are imposed under the September 2021 Penalty Guidelines, which applied at the time. The starting points in the Guidelines in effect from 1 March this year have monetary starting points for 2nd and 3rd breaches. The Respondent is not in a financial position to be able to pay substantial fines.

Mr Khetoo is currently suspended for an unrelated breach that occurred at the very same meeting. The totality of the penalties is a relevant consideration. It is not appropriate that cumulative penalties at the starting point for each breach be imposed. While deterrence is important in this context when regard is had to animal welfare concerns, so too is Mr Kheeto’s rehabilitation. Both Mr Tyler and Mr Walsh say he is a good listener and is willing to learn.

Mr Khetoo is fined the sum of $250 for the first breach. He is suspended for four national riding days for each of the two further breaches. The first is from the conclusion of racing today, 5 March 2022, until the conclusion of racing on 12 March 2022, and the second from the conclusion of racing on 12 March until the conclusion of racing on 19 March 2022. He is thus able to ride at Wingatui on the 21st.