R Te Aroha 9 November 2021 – R2 and R3 – Taiki Yanagida
R2 OSTASIO and R3 SWEET TUI
Racing Te Aroha
Te Aroha Racecourse - Stanley Road South, Te Aroha,
Penalty: Apprentice Rider Taiki Yanagida fined $250 Charge 1 (Information A15625) and in relation to Charge 2 (A15626) fined $500
Summary of Facts
Following the running of Races 2 and 3 Class B (Apprentice) Rider Taiki Yanagida admitted two charges alleging excessive whip use prior to the 100 metres.
Charge 1 – Information A15625 (Race 2) alleged that the Respondent struck his mount OSTASIO 6 times prior to the 100 metres.
Charge 2 – Information A15626 (Race 3) alleged that the Respondent struck his mount SWEET TUI 7 times prior to the 100 metres.
The hearing was conducted remotely and for expediency both charges were heard together.
At the commencement of the hearing the Respondent confirmed his plea and also that he understood the nature of the charges. He was supported at the hearing by Mr N Harris (Rider Mentor).
Rule 638(3)(g)(i) provides that in a Flat Race 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); or
Using the available race films Stipendiary Steward Mr Davidson demonstrated the breaches.
With regards to the first breach, he identified that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark. His mount finished in second place.
With regards to the second breach his mount was racing four back on the rails into the home straight. From this point the Respondent struck his mount 7 times up to the 100-metre mark. His mount was unplaced.
In response, Mr Harris advised on behalf of the Respondent that Te Aroha has one of the longest straights in New Zealand and on both instances, he simply misjudged the number of strikes that he applied.
As the Respondent admitted both charges the Adjudicative Committee finds them proved (Rule 915(1)(d) refers).
Submissions For Penalty
Stipendiary Steward Mr Davidson advised that the Respondent has not previously breached the Whip Rule. He said that he has a very good record; the strikes were not aggressive and there are no aggravating factors.
He submitted that in relation to the first charge (Race 2) OSTASIO finished in 2nd place and the Respondent’s share of the stake would be less than $250.
In relation to the second charge (Race 3) SWEET TUI was unplaced.
On behalf of the Respondent Mr Harris submitted that he has never previously breached any of the Whip Rules. He added, by way of explanation, that he is about to start a period of suspension and is perhaps “trying too hard”.
Reasons For Penalty
The Penalty Guide starting points for 1st and 2nd breaches of this Rule are set out below and these were adopted as the starting points.
For breaches of the Whip Rule prior to the 100m mark:
1st offence starting point Greater of $250 fine or 50% of Jockey stake.
2nd offence starting point Greater of $500 fine or 50% of Jockey stake
All the evidence and submissions were considered and in relation to each charge the number and frequency of strikes as well as the force used were noted. In that regard they were not particularly forceful nor were they continuous.
With regards to whip breaches there is generally no discretion to apply any reduction to the starting point and given that there are no aggravating factors fines consistent with the NZTR Penalty Guide are imposed for each charge.
Accordingly in relation to Charge 1 (Information A15625) a $250 fine is imposed.
In relation to Charge 2 (A15626) a $500 fine is imposed.
Decision Date: 09/11/2021
Publish Date: 10/11/2021