Rangitikei RC 19 November 2022 – R5 – Ashvin Mudhoo

Evidence

Following the running of Race 4, the Respondent Mr A Mudhoo admitted a charge alleging excessive whip use prior to the 100 metres.

Apprentice Jockey Mentor Ms K Clapperton was present to assist.

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, Mr Goodwin demonstrated that Mr Mudhoo came around the home turn in a one-off position. Soon after straightening, he struck his mount 6 times up until the 200-metre mark, where he put his whip away until the 100 mark.

In response, by way of explanation Mr Mudhoo said he simply missed one of the strikes, and until shown the films after the race, thought he had struck his mount only five times.

Decision

As Mr Mudhoo admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions For Penalty

Mr Goodwin produced the Respondent’s record which indicated 2 previous breaches within the last 6 months. He was issued with a warning (which is treated as a first offence) on August 8th and fined $250 on August 13th at Riccarton.

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use.

Mr Mudhoo had nothing to add in relation to penalty.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out below:

Offence	1 additional strike	2 additional strikes	3 additional strikes	4 or more additional strikes
1st	Warning	$250	$500	Suspension 5 National Days
2nd	$250	$500	Suspension 5 National Days	Suspension 5+ National Days
3rd	$500	Suspension 5 National Days	Suspension 5+ National Days	Suspension 5+ National Days
4th	$500 + Suspension 2 National Days	Suspension 5+ National Days	Suspension 5+ National Days	Suspension 5+ National Days
5th and following	Suspension 5+ National Days	Suspension 5+ National Days	Suspension 5+ National Days	Suspension 5+ National Days

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes, the Adjudicative Committee determined there were no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis Mr Mudhoo is fined $500.

Conclusion

Mr Mudhoo is fined $500.