Auckland TR 22 April 2023 – R9 – Joe Kamaruddin

ID: RIB19082

Respondent(s):
Joe Kamaruddin - Apprentice Jockey

Applicant:
Adrian Dooley - Stipendiary Steward

Adjudicators:
Stewart Ching (Chair), Gaylene Himona

Persons Present:
Joe Kamaruddin - Apprentice Jockey, Doni Prastiyou - Jockey

Information Number:
A18148

Decision Type:
Race Related Charge

Charge:
Breach of Whip Rule - struck mount 6 times prior to 100m

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

Plea:
Admitted

Animal Name:
JUJU POP

Code:
Thoroughbred

Race Date:
22/04/2023

Race Club:
Auckland Thoroughbred Racing

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

Race Number:
R9

Hearing Date:
22/04/2023

Hearing Location:
Pukekohe

Outcome: Proved

Penalty: Apprentice Jockey Joe Kamaruddin, 2 National Day suspension, $500 fine

Evidence

Following the running of Race 9, the Respondent Joe Kamaruddin, Apprentice Rider, admitted a charge alleging excessive whip use prior to the 100 metres.

Jockey Doni Prastiyou assisted Mr Kamaruddin at the hearing.

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); or

Using the available race films, Stipendiary Steward Mr Dooley demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark.

In response, by way of explanation, the Respondent admitted he had misjudged the situation.

Decision

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

Submissions For Penalty

Mr Dooley produced the Respondent’s record which indicated 4 previous breaches, being a warning at Auckland on 8 November 2022, a $250 fine at Auckland on 11 November 2022 and a $500 fine at Riccarton on 25 March 2023.

Stewards assessed the breach as low and submitted a penalty commensurate with the NZTR Penalty Guide for excessive whip use.

The Respondent elected to make no submissions in regard to penalty, apart from requesting a deferment until after racing on 29 April 2023.

Reasons For Penalty

The Penalty Guide starting point for a 4th breach of this nature where there is 1 additional strike, is a 2 day suspension and a $500 fine, mitigation inclusive.

This Adjudicative Committee could find no aggravating factors to consider, therefore no uplift in penalty warranted.

On that basis, the Respondent is fined  $500 and a 2 National Day suspension imposed.

Mr Kamaruddin’s request for a deferment until after racing on 29 April 2023 is granted.

Conclusion

The Respondent Mr Kamaruddin, is fined the sum of $500 and suspended from the conclusion of racing 29 April 2023, up to and including  3 May 2023.

Decision Date: 22/04/2023

Publish Date: 26/04/2023