Otaki-Maori RC 26 December 2022 – R4 – Joe Kamaruddin

Evidence:

Following the running of Race 4, Information A15600 was lodged alleging that on the 26^{th of} December 2022 at Otaki Racecourse, Joe Kamaruddin holder of a Class B jockey’s License did misconduct himself by swearing at the Clerk of the Course Mr B Lammas.

Rule 340 provides that: A Licensed Person, Owner, lessee, Racing Manager, Official or other person bound by these Rules must not misconduct himself in any matter relating to the conduct of Races or racing

Mr Kamaruddin confirmed to the Adjudicative Committee that he understood the Rule and did not admit the breach. Ms Clapperton was present to assist.

Mr Goodwin said that prior to the start of racing today, the Track Manager (Mr Kane Smith) approached him to request that riders keep off the running rail during their preliminaries and when coming back to scale after each race. This was to save the track for upcoming racedays. Mr Goodwin passed this information onto all riders.

Following the running of Race 4 Mr Kamaruddin stayed close to the rail after turning back.  Mr Lammas stated that he asked him to move to the middle of the track and Joe Kamaruddin told him to “f*** off”. Trackside films confirmed Mr Kamaruddin up against the rail and Mr Lammas in front of him across the track. Mr Lammas said that Mr Kamaruddin was looking directly at him when he swore and onlookers to the side of the track heard the outburst.

Mr Kamaruddin did not deny that he swore but said it was directed at his horse, not Mr Lammas. He apologised to Mr Lammas during the hearing. Ms Clapperton had nothing to add.

Decision:

The Adjudicative Committee found Mr Lammas a credible witness. It seems unlikely that Mr Kamaruddin was talking to his horse when he said “f*** off” as he was looking directly at Mr Lammas when he said it, and he uttered the words immediately after Mr Lammas asked him to move off the rail.  Although the films did not record any audio, the static view showed Mr Kamaruddin very close to Mr Lammas at the time of the alleged incident.

The charge was found proved.

Submissions for Penalty:

Mr Goodwin said Mr Kamaruddin had no previous charges of misconduct and he very rarely troubled the Stewards. His submission was for a monetary penalty of not less than $250.

Ms Clapperton said it was out of character for Mr Kamaruddin to behave in this manner.

Reasons for Penalty:

There is no starting point for breaches of Rule 340 with the Penalty Guide stipulating that each charge of misconduct is fact dependent. Monetary penalties have ranged from $300 – $1200, and there has been one 4-month period of disqualification.

Mr Kamaruddin is a polite, considered, and professional Rider with today’s breach being out of character. He apologised to Mr Lammas and showed remorse for his actions. It should be noted that Mr Kamaruddin followed the instructions of the Clerk of the Course and moved his horse off the rail when asked. The Adjudicative Committee considered it a very low-end misconduct breach.

Conclusion:

After consideration of the facts a $200 fine was imposed.