Riccarton Park – Banks Peninsula RC 11 February 2023 – R3 – Hakim Kamaruddin

Evidence

Following the running of Race 3, the Respondent, Hakim Kamaruddin Apprentice Rider, admitted a charge alleging excessive whip use prior to the 100 metres.

Apprentice Mentor David Walsh 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, Stipendiary Steward Mr Davidson demonstrated that the Respondent struck his mount 8 times from the straight entrance to the 100-metre mark.

In response, by way of explanation, the Respondent Mr Kamauddin said he had made a misjudgment.

Decision

As the Respondent Mr Kamaruddin admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Davidson produced the Respondent’s record, which indicated a warning at a Taranaki meeting and a 5 day suspension for 8 strikes at Otaki on 26 December 2022.

Stewards assessed the breach as medium and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 10 February 2023). Mr Davidson also submitted that an uplift of penalty should be considered as Mr Kamaruddin went on to finish in equal first place.

The Respondent elected to make no submissions in regard to penalty, apart from requesting a deferment until after racing on 15 February 2023.

Reasons For Penalty

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

For breaches of the Whip Rule with 3 additional strikes prior to the 100m mark:

3rd offence starting point 5+National Day Suspension

After considering the film evidence, the submissions and having due regard for the number strikes, the Adjudicative Committee determined there  were aggravating factors to warrant an uplift in penalty due to the fact that Mr Kamaruddin went on finish in first equal place. That uplift, the Adjudicative Committee sets at 2 days.

As this is the Respondent’s 3rd breach, a suspension of 7 days is imposed. The Respondent’s request for a deferment is granted.

Conclusion

The Respondent Mr Kamaruddin, is granted a deferment until 15 February 2023. His licence to ride in races is suspended for 7 days from close of racing on 15 February 2023, until close of racing on 25 February 2023.