Marton JC 8 January 2022 – R3 – Masa Hashizume

Evidence

Following the running of Race 3, the Respondent Mr M Hashizume, admitted a charge alleging use of whip in consecutive strides over the concluding stages.

Apprentice Mentor Ms Kim Clapperton was present to assist.

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

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Using the available race films Stipendiary Steward Mr Goodwin demonstrated that the Respondent struck his mount 3 times consecutively over the concluding stages of the race.   

In response, by way of explanation, Mr Hashizume explained that he lost control of his rein and while trying to gather it back up his whip touched the side of his horse. He said the consecutive hit was a mistake and it barely touched the horse. Ms Clapperton said the films confirmed this by clearly showing a change in riding style while Mr Hashizume was trying to gain control of his rein.

Decision

As Mr Hashizume admitted the breach the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Goodwin produced the Respondent’s record which indicated one previous charge in the preceding 6 month period.

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for improper whip use (as of 1 September 2021).

Mr Hashizume ran second in the race and his share of the stake was $370.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out as follows:

2 consecutive strikes Warning. -If offence after prior warnings or if subsequent to prior offences, Stewards discretion to charge on same basis as 3 consecutive strikes.

3 consecutive strikes 1st offence – greater of a $150 fine or 50% of jockey stake.

2nd offence – greater of a $300 fine or 50% of jockey stake.

After considering the film evidence and the submissions and having due regard for the number of consecutive strikes, as well as the Respondent’s share of the stake ($370) the Adjudicative Committee determined an appropriate penalty was a $300 fine. Mr Hashizume’s explanation of why he struck his mount consecutively is plausible for the 3rd strike however the NZ Racing Industry has adopted a zero-tolerance approach for breaches of the Whip Rules and mitigation of penalty is rare.

Conclusion

Mr Hashizume is fined $300.