Non Raceday Inquiry – Written Decision dated 11 September 2022 – Madan Singh

Background:

Information A14163 was lodged by Chief Stipendiary Steward Mr John Oatham (by virtue of that Authority to Charge dated 8/9/2022) alleging a breach of Rule (638)(3)(g)(i) as it related to the running of the HS Dyke Wanganui Guineas (Listed Race) on 3rd September 2022 (Wanganui Racecourse).

The Information was filed subsequent to raceday with the charge heard at Waverley Racecourse on 11th September 2022. The Information alleged the Respondent Mr Madan Singh:

Struck his mount SHEEZ DOMINANT seven times prior to the 100 metre mark. 

Rule 638(3)(g)(i) states a rider must not:

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)

Evidence:

The Information was outlined to Mr Singh. He conveyed that he understood and admitted the breach.

Using available film Mr Goodwin illustrated Mr Singh struck his mount on 7 occasions prior to the 100 metre mark, once before the turn and on six further occasions. Mr Singh accepted the count but did not offer further comment.

Decision:

As Mr Singh admitted the breach the Adjudicative Committee found the breach proved.

Submissions for Penalty:

Mr Goodwin confirmed that Mr Singh had not breached this Rule in the six month period preceding the race in question. He drew the Adjudicative Committee’s attention to the Penalty Guideline and in particular that provision relating to a race of this status. Mr Singh did not offer comment.

Reason for Penalty:

The Adjudicative Committee considered evidence and submissions. Given the status of the race, Guidelines provide for a fine with the starting point being an amount equal to 50% of the Jockey’s share of the stake earned by their mount (and may be in addition to any suspension imposed). Given Mr Singh’s record, this starting point was adopted. Same is calculated to be $934.37. In settling upon penalty, the Adjudicative Committee reflected upon that fine ($300) imposed on Mr Singh in relation to breach of Rule 638(2) (Information A15557 – Celebratory Gesture) in the same race. Although by no means seeking to diminish the severity of either breach, it is appropriate to impose penalty which the Adjudicative Committee considers on balance to be fair and reasonable. As such, penalty is rounded to $900.

Conclusion:

Jockey Madan Singh is fined $900.