Canterbury JC 7 May 2022 – R6 – Sanu Toolooa

EVIDENCE:

Following the running of Race 6 an Information was presented by Chief Steward Mr John Oatham alleging a breach of Rule 638(3)(f)(iii) by Apprentice Rider Mr Sanu Toolooa. The details of the Information were Mr Toolooa struck his mount when out of contention.

Mr Toolooa confirmed his admission and stated he was conversant with the charge and Rule. Mr Toolooa was assisted at the hearing by Apprentice Mentor Mr David Walsh.

Mr Oatham used the video to identify Mr Toolooa in last place entering the home straight and pointed to Mr Toolooa try his mount 3 times with the whip and he said Stewards had no issue at this juncture. Mr Oatham said it was clear at this stage DRUMSTORM was battling. He then showed at approximately the 100 metres Mr Toolooa strike his horse forcefully twice when still well out of contention and in breach of the Rule.

Mr Toolooa made no submissions and Mr Walsh commented the incident was foolish.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Mr Oatham said the Respondent had received a warning under this Rule at Kumara on the 8th of January 2021. He said there are no Guidelines for this Rule under the revised Whip Rule Guidelines. The Stewards would consider the use of Guidelines for the associated Rule of using the whip more than 5 times prior to the 100m as appropriate.

Mr Toolooa had nothing to add and Mr Walsh said Mr Oatham’s submission made sense.

REASONS FOR PENALTY:

The NZTR Revised Penalty Guidelines (effective 1 March 2022) do not provide a starting point for this particular breach of the Whip Regulations.

Mr Oatham has wisely concluded the nearest relevant Penalty Guideline is for Rule 638(3)(g)(i) which allows a warning, which Mr Toolooa has had, and for this his second offence a $250 fine.

The Adjudicative Committee has consideration for Mr Toolooa’s status as an Apprentice Rider but his actions were unacceptable and no concession in Penalty was given.

CONCLUSION:

Mr Sanu Toolooa is fined $250.