Ashburton RC 5 April 2023 – R6 – Shankar Muniandy

BACKGROUND:

Following the running of Race 6, Hygain Stayers Maiden, Class A Jockey Shankar Muniandy, as the Rider of BAILADOR in the race, admitted a charge that he used his whip 6 times prior to the 100 metres.

Rule 638(3) 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)   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, showed a video replay of the final 300 metres of the race. She pointed out BAILADOR, ridden by the Respondent, which had been racing last in the 6-horse field, take a rails run as the field turned into the final straight. Ms Algar then pointed out that the Respondent commenced using his whip and, clearly, struck his mount six times prior to reaching the 100 metres. A 7th strike was “borderline”, Ms Algar submitted. The Respondent agreed with the alleged count of six.

The Adjudicative Committee requested that a replay of the final 100 metres of the race be shown, and it was noted that the Respondent used his whip on a further 4-5 occasions from the 100 metres to the finishing line.

The Respondent explained that, at the time, he had thought that there were only five strikes, but accepted that the replay clearly showed six. The horse was a hard horse to ride, he said,

DECISION:

The charge is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Stipendiary Steward, Veronica Algar, said that this breach was the Respondent’s second offence, his first being a warning at Kurow on 30 December 2022 (6 strikes). She referred the Adjudicative Committee to the Penalty Guide which suggested a starting point for penalty for this breach, of a $250 fine. She suggested that the Adjudicative Committee might wish to find that an uplift was called for, the Respondent having gone on to win the race.

REASONS FOR PENALTY:

This breach is deemed to be the Respondent’s second breach of using his whip more than 5 times prior to the 100 metres. For such a breach, the RIB Thoroughbred Racing Penalty Guide (February 2023) suggests a starting point of a fine of $250, as submitted by Ms Algar.

The Adjudicative Committee finds that, in this case, there are two factors by way of aggravation that need to be considered. Firstly, the fact that the Respondent’s mount went on to win the race and, secondly, the totality of whip use – 10-11 strikes in the final straight, most of which were applied with some force. Those factors warrant an uplift which the Adjudicative Committee has fixed at $50.

CONCLUSION:

Class A Jockey, Shankar Muniandy, is fined $300.