Egmont RC 26 March 2025 – R3 – Sima Mxothwa

Background:

Following the running of Race 3, the ‘Jason Holdem Contracting 65 1200’, an Information was lodged alleging a breach of Rule 638(3)(f)(ii). Details are as follows:

‘in that he used his whip above shoulder height on Trader Inn’.

Rule 638(3)(f)(ii) provides:

(f) A Rider must not use his or her whip:

(ii) using an action that raises the Rider’s arm above shoulder height.

The Respondent confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach. This was endorsed by Ms Clapperton, who was present to assist Mr Mxothwa.

Evidence:

Using available film, Stewards identified the incident.  Turning into the straight, TRADER INN was positioned away from the fence and finishing strongly.  The Respondent is seen to strike his mount, with the action commencing from above shoulder height.  Between this point and the finish line, his mount is struck on two further occasions, both in a ‘compliant’ fashion.  Mr Mxothwa was asked for comment.  He admitted an error in judgement and disappointment in his actions.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee found the breach proved.

Submissions for Penalty:

Stewards outlined the Respondent’s record. This is his fourth breach of this Rule within the last six months, with previous being New Plymouth on 27 December 2024 – $250 fine, New Plymouth on 31 December 2024 – $250 fine and Waverley on 28 February 2025 – $350 fine.  Stewards contended that given record, a period of suspension be considered.

Reasons for Penalty:

Available film clearly identified the alleged breach.  On balance, suspension was not considered an appropriate penalty. The current NZTR Penalty Guide provides for a $250 fine for a breach under this particular Rule. Given record, a significant uplift is required. Guidance was taken from those starting points provided for in respect of ‘like’ whip offences ie: 4th offence excessive use, 1 additional strike and 4th offence whip use in two consecutive strides. On this basis, a $500 starting point was adopted, with fine reduced by $100 to reflect Jockey status. A $400 fine was imposed.

Conclusion:

Mr Mxothwa is fined a sum of $400.