Auckland TR 23 March 2022 – R8 – Taiki Yanagida

Evidence

Following the running of Race 8, the Respondent Taiki Yanagida 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); or

Using the available race films Mr Williamson demonstrated that Mr Yanagida struck his mount 6 times in the straight prior to the 100m.

In response, by way of explanation Mr Yanagida said Pukekohe had a long straight and he misjudged his counting of the strikes.

Decision

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

Submissions For Penalty

Mr Jones produced Mr Yanagida’s record which indicated 3 previous breaches 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).

Mr Yanagida had nothing to submit in regard to penalty submissions other than a request for a deferment.

Pursuant to Rule 1106(2)(b) or Rule 1106(3)(b) Mr Yanagida sought a 10 day deferment to any proposed suspension in order to fulfil pending riding engagements.

Reasons For Penalty

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

4th breach, 1 additional strikes  – $500 fine and 2 day suspension.

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.

The Stipendiary Stewards asked, in assessing the 2-day suspension component of the penalty, whether part of the suspension should or could include a local riding day for the suspended Jockey.

The Adjudicative Committee gave the query due consideration. While it would be logical for a 2 day suspension to include a local riding day (for the suspended Jockey), in practical terms this could lead to inconsistencies in application. With the current Jockey shortages in New Zealand, and the impact of Covid, it is conceivable that any Jockey could be given the opportunity to ride in any part of the country to fulfil Rider shortfall. If an Adjudicative Committee is to start speculating as to whether or not a Jockey could fulfil riding opportunities outside of their area they run the risk of participant perception of bias or inconsistency. Further to this the Guidelines are quite clear in referring to National days for calculation of suspensions.

In that regard this Adjudicative Committee will apply the penalty as outlined in the Guidelines.

Conclusion

Mr Yanagida is granted a 10-day deferment. His licence to ride in races is suspended for 2 days from close of racing on 2^nd April 2022 until close of racing on 6^th April 2022.  In addition Mr Yanagida is fined $500.