Auckland TR 5 March 2022 – R 1 – Kozzi Asano

ID: RIB7842

Respondent(s):
Kozzi Asano - Apprentice Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Mr G R Jones and Mr A Smith

Persons Present:
Mr Oatham, Mr Asano

Information Number:
A18155

Decision Type:
Adjudicative Decision

Charge:
Excessive Use of Whip

Rule(s):
638(3)(g)(i)

Plea:
Admitted

Animal Name:
OHCEEDEE

Code:
Thoroughbred

Race Date:
05/03/2022

Race Club:
Auckland Thoroughbred Racing

Race Location:
Ellerslie Racecourse - 100 Ascot Ave, Ellerslie, Auckland, 1050

Race Number:
R1

Hearing Date:
05/03/2022

Hearing Location:
Auckland RC

Outcome: Proved

Penalty: Class B Rider Kozzi Asano fined $250

Evidence

Following the running of Race 1, the Respondent Class B Rider Kozzi Asano 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 Chief Stipendiary Steward Mr Oatham demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark.

In response, by way of explanation Mr Asano stated that he was one over (the permissible 5 strikes) and on this occasion miscounted.

Decision

As the Respondent admitted the breach the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Oatham produced Mr Asano’s record which indicated one previous breach which occurred on 10 November 2021 and resulted in a 7-day suspension.

Mr Oatham submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022) which provides for a $250 fine for a second breach.

The Respondent submitted that he will take care to avoid a third breach of the Rule.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set at a $250 fine.

After considering the film evidence, the submissions and having due regard for the number and frequency of 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 $250.

Conclusion

The Respondent Mr Asano is fined $250.

Decision Date: 05/03/2022

Publish Date: 07/03/2022