Ashburton RC 13 March 2025 – R7 – Nichola Yuen

BACKGROUND:

Following the running of Race 7, Agraforum Growing Innovation Handicap, Class B Jockey, Nichola Yuen, admitted a charge that, as the Rider of SPOT ON TIME in the race, she “struck her mount 9 times (with the whip) prior to the 100 metres”.

Ms Yuen was assisted at the hearing of the charge by Apprentice Jockey Mentor, Jason Laking.

Rule 638 provides:

(g) Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), a Rider must not:

     (i) except as provided for in (iii) (A) and (iii) (B) of this sub-Rule, 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).

EVIDENCE:

Stipendiary Steward, Veronica Algar, had Stipendiary Steward, Mark Davidson, show a video replay of the final 200-300 metres of the race. He pointed out SPOT ON TIME, ridden by Ms Yuen, disputing the lead, one-off the rail turning into the home straight. He showed Ms Yuen then commence using her whip, and use it 9 times from that point to the 100 metres.

Ms Yuen accepted the number of strikes alleged by Ms Algar. Mr Laking, on Ms Yuen’s behalf, said that she was an Apprentice having her first ride on the track. It was a long straight and she had got “overly keen”, and had just made a misjudgment, he said.

DECISION:

The charge having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY:

Ms Algar said that Ms Yuen has one previous breach on her record – on 7 February 2025 at Racing Tauranga – 8 strikes prior to the 100 metres, fined $500.

For a second breach, Ms Algar said, the Penalty Guide provides a starting point of 5+ national days. She submitted that the Adjudicative Committee might consider the fact that Ms Yuen won the race, to be an aggravating factor.

Ms Yuen requested a deferment of the term of any suspension, until after racing on 22 March.

REASONS FOR PENALTY:

The Adjudicative Committee noted that Ms Yuen has been riding in New Zealand since December 2024, having moved in 2021 from Hong Kong to South Australia, where she had 61 wins from approximately 700 rides. She has had 22 rides in New Zealand. She is currently based in the North Island.

For this, a second breach involving four additional strikes, the RIB Thoroughbred Racing Penalty Guide (February 2025) suggests a starting point of 5+ national days.

Ms Yuen is an Apprentice Jockey, new to riding in this country and is, no doubt, still coming to grips with the Whip Rules. The Adjudicative Committee, in arriving at penalty, has given considerable weight to these factors, to the extent that they offset the fact that Ms Yuen’s mount won the race. There are no other factors to consider.

CONCLUSION:

Ms Yuen’s application for a deferment is granted.

Class B Jockey, Nichola Yuen’s Licence to ride in races is suspended from after the close of racing on 22 March, up to and including 30 March 2025, after which date she may ride – 5 national riding days.