Auckland TR 12 March 2022 – R3 – Ashvin Goindasamy

ID: RIB7993

Respondent(s):
Ashvin Goindasamy - Apprentice Jockey

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Adjudicators:
Mr Adam Smith

Persons Present:
Noel Harris (Apprentice mentor)

Information Number:
A16334

Decision Type:
Race Related Charge

Charge:
Excessive use of the whip

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

Plea:
Admitted

Animal Name:
I'M NOT BOSSY

Code:
Thoroughbred

Race Date:
12/03/2022

Race Club:
Counties Racing Club

Race Location:
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120

Race Number:
R3

Hearing Date:
12/03/2022

Hearing Location:
Pukekohe Park

Outcome: Proved

Penalty: Apprentice Jockey Ashvin Goindasamy fined $250

Evidence

Following the running of Race 3, the Respondent Mr Goindasamy 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);

Using the available race films Mrs Selvakumaran demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark. She said a 7th strike occurred around the 100m mark, but due to the camera angle it was difficult to assess if it occurred just prior to or just after the 100m mark. (After viewing the video evidence, the Adjudicative Committee were not certain that the 7th strike occurred prior to 100m, so on this basis accepted 6 strikes in relation to the breach.)

In response Mr Goindasamy acknowledged the number of strikes and said it was his first breach this year.

Mr Harris who was assisting Mr Goindasamy said that Mr Goindasamy’s whip use had improved a lot in the last 6 months.

Decision

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

Submissions For Penalty

Mrs Selvakumaran produced Mr Goindasamy’s record which indicated 1 previous breach within the 6-month reset period.

Stewards assessed the breach as low and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).

The Respondent Mr Goindasamy had nothing to add in relation to penalty.

Reasons For Penalty

The Penalty Guide starting point for a 2nd breach, one strike over the permissible allowance, is $250.

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

On that basis the Respondent is fined $250.

Conclusion

The Respondent Mr Goindasamy is fined $250.

Decision Date: 12/03/2022

Publish Date: 14/03/2022