Auckland TR 20 December 2021 – R9 – Doni Prastiyou

Evidence

Following the running of Race 9, the Respondent D Prastiyou, admitted a charge alleging use of whip in consecutive strides over the concluding stages.

Rule 638(3)(g)(ii) provides that in a Flat Race a Rider must not:

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Using the available race films Stipendiary Steward Mr Williamson demonstrated that the Respondent struck his mount 2 times consecutively over the concluding stages of the race. Mr Williamson added that the strikes were not forceful.

Mr Prastiyou had nothing further to add.

Decision

As Mr Prastiyou admitted the breach the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Williamson produced the Respondent’s record which indicated no previous breach of this Rule.

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for improper whip use (as of 1 September 2021).  Stewards confirmed that Mr Prastiyou had previously received a warning for this breach.

The Respondent declined to make submissions on penalty.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out in the table below.

For breaches of the Whip Rule relating to consecutive strikes:

2 consecutive strikes Warning. -If offence after prior warnings or if subsequent to prior offences, Stewards discretion to charge on same basis as 3 consecutive strikes.

3 consecutive strikes 1st offence – greater of a $150 fine or 50% of jockeys share of stake.

After considering the film evidence and the submissions and having due regard for the number of consecutive strikes, 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 $150.

Conclusion

The Respondent is fined $150.