Auckland TR 28 October 2023 – R8 (heard 3 November 2023 at Te Aroha) – Kozzi Asano
Auckland Thoroughbred Racing
Pukekohe Park - 222/250 Manukau Road, Pukekohe Hill, Pukekohe, 2120
Penalty: Jockey Kozzi Asano is fined $2,500
Information A19795 was lodged alleging that in Race 8 at Pukekohe Park the Respondent, Class A Rider, Mr Kozzi Asano, struck his mount IMPENDABELLE 8 times prior to the 100 metres.
Rule 638(3)(g)(i) provides that a Rider must not:
“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)”
Mr Asano confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach.
Using the race film, Mr Jones demonstrated that Mr Asano struck his mount 8 times from the straight entrance to the 100-metre mark. The 8th strike being approximately two strides from the 100m mark.
Mr Asano agreed with the number of strikes.
As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.
Submissions for Penalty:
Mr Jones said that Mr Asano has a clear record in the past 6 months under this Rule and the starting point for a first offence is a fine of $500. However, the race concerned was a Group 2 Race with a total stake of $175,000.
In the case of such Black Type Races, the Penalty Guideline states “in all breaches of the whip Rules in any Black-Type Race, the starting point for a fine will be an amount equal to 50% of the Jockey’s share.”
Mr Asano’s horse IMPENDABELLE, won the Race and the winning stake was $100,625. The Rider’s share of the stake being $5,000. Mr Jones recommended a fine of $2,500, being 50 percent of Mr Asano’s share as provided under the Penalty Guidelines.
Mr Asano had no comment to make on the Steward’s penalty submission.
Reasons for Penalty:
In relation to Mr Asano’s clear record, it is not practice in whip breaches to apply any mitigation. In determining penalty, the Adjudicative Committee notes that 50% of the Jockey’s share of the stake being $2,500 is a significant penalty.
Taking into account all the factors, the Adjudicative Committee determined a fine of $2,500 was an appropriate penalty.
Decision Date: 03/11/2023
Publish Date: 06/11/2023