R Tauranga 7 February 2025 – R1 – Nichola Yuen

Following the running of Race 1, the Gartshore Construction Maiden 1600, an Information was lodged alleging a breach of R638(3)(g)(i), namely that Apprentice Jockey Nichola Yuen struck her mount NASHA MALA eight times prior to the 100 metres

Rule 638(3)(g)(i) provides:

(g) Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), a Rider must not:
(i) 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);

Ms Yuen confirmed that she understood the Rule and admitted the breach. She was assisted at the hearing by Mr N Harris.

EVIDENCE

Using the available race film, Stipendiary Steward A Dooley demonstrated that Ms Yuen struck her mount eight time prior to the 100 metre mark.

Ms Yuen had nothing to say. Mr Harris submitted that no aggression was intended in the strikes and that she had not hit her mount over the concluding 100 metres. He suggested that be taken into account in balancing the breach.

DECISION

As Ms Yuen admitted the breach, the Adjudicative Committee finds the breach proved.

SUBMISSIONS ON PENALTY

Ms Yuen had no prior breaches of this Rule. Mr Dooley referred to the Penalty Guide starting point for such a breach as being $500 and submitted that a fine for that amount should be imposed.

Ms Yuen made no submissions as to penalty.

REASONS FOR PENALTY

The film confirmed the breach in that there were 3 additional strikes. The submissions made by Mr Harris were accepted.

DECISION

Having considered all the evidence and the submissions made, the Adjudicative Committee found no reason to depart from the Penalty Guide and imposed a fine of $500.