Feilding JC 4 November 2023 – R7 – Niranjan Parmar

ID: RIB29398

Respondent(s):
Niranjan Parmar - Apprentice Jockey

Applicant:
Mr John Oatham - Chief Stipendiary Steward

Adjudicators:
Mr Bruce Mainwaring

Persons Present:
Mr John Oatham, Mr Neil Goodwin - Senior Stipendiary Steward, Mr Parmar, Ms Kim Clapperton - assisting Mr Parmar

Information Number:
A17513

Decision Type:
Race Related Charge

Charge:
Excessive Whip Use

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
Cross Roads

Code:
Thoroughbred

Race Date:
04/11/2023

Race Club:
Feilding Jockey Club

Race Location:
Trentham - 10 Racecourse Rd, Upper Hutt, 5018

Race Number:
R7

Hearing Date:
04/11/2023

Hearing Location:
Trentham Racecourse 10 Racecourse Road Upper Hutt 5018

Outcome: Proved

Penalty: Apprentice Jockey Niranjan Parmar is suspended for 9 NR days

Background:

Following the running of Race 7, the Mode Technology Feilding Gold Cup, an Information was lodged alleging a breach of Rule 638(3)(g)(i). Details are as follows:

‘in that he used his whip excessively’.

Mr Parmar confirmed that he understood the Rule and admitted the breach, This was endorsed by Ms Clapperton.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

‘strike a horse with 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)

Evidence:

Using available film, Stewards were able to identify that Mr Parmar struck his mount on 8 occasions between the top of the straight and 150 metres from the finish line.

Mr Parmar did not dispute the count.

Decision:

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

Submissions for Penalty:

Stewards outlined the Respondent’s record as it related to any breach of this Rule within the last six months. Four were noted namely:

17/6/2023, 8 strikes – 8 days suspension

21/6/2023, 6 strikes – 7 days suspension

21/6/2023, 6 strikes – 9 days suspension

2/9/2023, 8 strikes  – 8 days suspension

The Adjudicative Committee were referred to the current NZTR Penalty Guide. Mr Oatham was of the view that an uplift was required to reflect record.

Mr Parmar did not offer comment, although asked that any suspension imposed, be deferred to enable him to satisfy riding engagements on 11th November 2023.

Reasons for Penalty:

The Penalty Guide starting point for 5th offence, three additional strikes is 5+ days suspension. The Respondent’s record is very poor. When considering appropriate penalty, the Adjudicative Committee is required to consider a Rider’s whip record over the preceding 6 months. This does create some difficulty in that those penalties set within the aforementioned breaches, reflect record in the six months leading to their imposition. Therefore, to simply increase penalty upon each offence (reflecting record as an aggravating factor), there remains the risk of setting penalty influenced by record prior to the preceding 6 months.

Nonetheless, Mr Parmar’s record as it relates to breaches of this type, remains of concern. Any penalty imposed must reflect his poor record. To this extent, a 9 day suspension is deemed appropriate. Deferment of suspension is granted.

Conclusion:

The Respondent’s Licence to ride in races is suspended for 9 National Riding Days, commencing at the close of racing on 11th November 2023, up to and including 24th November 2023.

Decision Date: 04/11/2023

Publish Date: 06/11/2023