Otago RC 4 February 2023 – R3 – Hakim Kamaruddin

Background

Mr Davidson alleged that in Race 3, Mr H Kamaruddin struck his mount JEWEL OF PATCH four times above shoulder height

Mr Davidson demonstrated on the videos, that the Respondent was making a run four from the outside in the home straight, when he struck his mount JEWEL OF PATCH four times with his whip above shoulder height. Mr Davidson said two strikes were quite clearly above and there were two more that were just above.

Mr Bergerson said when the videos were replayed, that one strike was marginal. Mr Davidson stated he was content for the number to be reduced to three. Mr Kamaruddin said he had a made a mistake and he had not realised his whip use was that high. He was concentrating on keeping his horse’s mind on the job and he forgot to watch his action.

Decision

As Mr Kamaruddin has admitted the breach, it is found to be proved.

Submissions as to Penalty

Mr Davidson produced the Respondent’s record which showed a previous breach of this Rule in early December last year. Mr Davidson stated there was no starting point in the Penalty Guide for this particular breach, but he believed that the penalty should be in accordance with previous decisions and that a fine of $250 was appropriate. Mr Kamaruddin accepted this.

Reasons for Penalty

Mr Kamaruddin has admitted using his whip on 3 occasions above shoulder height. A review of previous decisions for this breach of the Rules reveals that a fine of $250 has frequently been imposed. The only aggravating circumstance is a previous breach of the Rule last year. This needs to be viewed in the context that Mr Kamaruddin is a busy Apprentice, and he has had a number of rides since that time.

Conclusion

Mr Kamaruddin is fined the sum of $250 and is reminded of his obligations under the Whip Rules.