Auckland TR 7 November 2024 – R2 – Joe Nishizuka

Evidence

Following the running of Race 2, the Respondent Apprentice Rider Joe Nishizuka admitted a charge alleging excessive whip use prior to the 100 metres. It was alleged that Mr Nishizuka struck his mount VERDI’S OPERA 9 times prior to the 100 metres.

Mr Nishizuka was assisted at the hearing initially by Mr N Harris (Northern Rider Mentor), and later, Ms P Gerard (Trainer/Employer) assisted.

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 Dooley pointed out VERDI’S OPERA, ridden by Mr Nishizuka, who was racing outside the leader into the straight.  He demonstrated that Mr Nishizuka struck his mount 9  times from the straight entrance to the 100-metre mark.

Mr Dooley added that Mr Nishizuka applied one further strike from the 100 metres to the finish.

In response, on behalf of Mr Nishizuka, Mr Harris said that he had nothing specific to add, other than to point out that the strikes were not aggressive, and Pukekohe catches out many Riders due to the length of the home straight.

Decision

As Mr Nishizuka admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mr Dooley produced Mr Nishizuka’s record, which indicated one previous breach within the reset period.  This occurred on 8 June 2024 at the Whangarei RC, resulting in a $500 fine for 8 strikes.

Mr Dooley referred to the Penalty Guide, which indicated a 5 plus day suspension in circumstances where the number of strikes is 4 more than permitted.

Following consultation with his Employer Ms Pam Gerard, Mr Nishizuka sought a deferment to any proposed suspension, to after racing on 16 November 2024.

Mr Harris submitted that Mr Nishizuka is well supported by Ms Gerard and in addition, he will continue to provide him with advice.

Reasons for Penalty

The Penalty Guide starting point for a breach of this nature is a 5 plus day suspension.  Mr Nishizuka is relatively inexperienced, having had 60 mounts last season (23/24) and 70 mounts this current season (24/24).  This is his second whip breach within four months.  Both of which have been at the upper end of the permissible 5 strikes.  As such, he will benefit from further coaching and guidance from Mr Harris.  Accordingly, having considered the circumstances of the breach and submissions, a 6 day suspension is imposed.

Conclusion

Mr Nashizuka is suspended for 6 days, commencing after racing on 16 November 2024 and concluding after racing on 24 November 2024.