Avondale RC (Trials) 15 August 2023 (heard 16 August 2023 at Cambridge) – Vikas Jalalkuncha

EVIDENCE:

Mr Simpson presented an Information arising out of Mr Jalalkuncha’s ride in Heat 25 at the Avondale Trials, run on 15 August 2023, contending that he breached Rule 638(3)(g)(i) (the Excessive Whip Rule) in that he struck his mount “JANKA” ten times with the whip prior to the 100 metre mark.

Mr Jalalkuncha advised that he admitted the charge.

The Rule, where relevant, provides that a Rider must not strike his mount more than 5 times prior to the 100 metre mark, so this breach involved double the number of permitted strikes.  The fact that the Rules say that no offence occurs if 6 strikes before the 100 metre mark plus 4 strikes thereafter or 7 strikes before the 100 metre mark plus 3 strikes thereafter, does not apply if as here, there are 10 strikes before the 100 metre mark.

Mr Jalalkuncha said that he knew of the new version of the Rule.  He said he knew during the trial that he had exceeded 7 strikes before the 100 metre mark, and made a mistake by “missing his count”, so he did not use the whip after that mark.  But any belief that 10 strikes are permitted is only an excuse if that involves:

(a)  6 strikes before the 100 metre mark and 4 strikes thereafter, or

(b)  7 strikes before the 100 metre mark and 3 strikes thereafter.

So Mr Jalalkuncha could not avail himself (and did not seek to do so) of this exemption.

But it is not difficult to see how the provisions may be confusing to some Riders as 10 strikes are only permitted if they occur in combination of 6 plus 4, or 7 plus 3, as set out above.

In this case, 10 strikes before the 100 metre mark fell well outside what is permitted.

DECISION:

As the charge was admitted, it was deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Simpson advised that Mr Jalalkuncha has a clear record from relatively limited rides.

Mr Jalalkuncha said that he had made a mistake and accepted he should be suspended.  He had no committed riding engagements in the next 7 or 10 days.

REASONS FOR PENALTY:

There exists no exceptional circumstances which enable non adherence to the NZTR Penalty Guide.

CONCLUSION:

Accordingly, Mr Jalalkuncha’s Licence to ride is suspended for 5 National Riding Days, commencing at the end of racing today, 16 August 2023, and to end at the conclusion of racing on 24 August 2023.