Cambridge JC 27 July 2022 – R3 – Joshua Kam

Evidence

Following the running of Race 3, Apprentice Rider Joshua Kam admitted a charge alleging excessive whip use prior to the 100 metres.

Mr N Harris (Apprentice Mentor) assisted Mr Kam.

Mr Kam confirmed his admission of the breach and that he understood the nature of the charge.

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 demonstrated that Mr Kam struck his mount (SET IN STONE) 7 times in the home straight prior to the 100-metre mark.

Mr Kam accepted the number of strikes.  Mr Harris added that the strikes were not forceful.

Decision

As Mr Kam admitted the breach the Adjudicative Committee finds the charge proved.

Submissions For Penalty

Mr Dooley advised that this was Mr Kam’s first breach of the Rule.  He said that he recently returned to race riding following a 2-year injury break.  He added that Mr Kam has had 60 career race rides and has ridden 2 winners.

Mr Dooley submitted that the Penalty Guide, for 2 additional strikes, provides for a $250 fine.

Mr Harris submitted that Mr Kam’s Employer asked him to request a suspension, in lieu of a fine due to Mr Kam having limited ability to pay a fine.  When asked for their view, Mr Dooley on behalf of Stewards advised that there are no compelling reasons to deviate from the Penalty Guide.  Further discussion evolved as to whether any proposed fine could be drawn from Mr Kam’s ‘Apprentice Fund’ and there was a consensus that a fine could be paid via the fund, thus mitigating any immediate financial hardship that may result from a fine.

Reasons For Penalty

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

After considering the submissions, in particular the request for a suspension in lieu of a fine, the Adjudicative Committee determined there are no compelling grounds to deviate from the Penalty Guide. A $250 fine would translate to a 1.5-day suspension.  The Adjudicative Committee was advised that Mr Kam has had 5 race day mounts since his return to riding. At the moment he does not ride often, and a suspension would not necessarily be a meaningful penalty; and nor would it operate as a deterrent. Whilst it is accepted that a fine may impact on Mr Kam’s financial situation, the Adjudicative Committee is satisfied it will not cause him undue hardship because he can draw funds from the ‘Apprentice Fund’ or make arrangements to pay the fine in installments.  .

Conclusion

Apprentice Rider Mr Kam is fined $250.