Riccarton Park – Banks Peninsula RC 11 February 2023 – R9 – Hakim Kamaruddin

Evidence

Following the running of Race 9, the Respondent, Hakim Kamaruddin, admitted a charge alleging use of whip in consecutive strides over the concluding stages.

Apprentice Mentor David Walsh was present to assist.

Rule 638(3)(g)(ii) provides that in a Flat Race a Rider must not:

(ii) strike a horse with a whip in consecutive strides at any stage of the race.

Using the available race films, Stipendiary Steward, Mr Davidson, demonstrated that the Respondent struck his mount 2 times consecutively over the concluding stages of the race.

The Respondent made no submissions in regard to the breach.

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 that this was Mr Kamaruddin’s second offence today, also his second offence over the previous 6 months.

Mr Davidson submitted a penalty commensurate with the NZTR Revised Penalty Guide for improper whip use (as of 10 February 2023).

The Respondent elected to make no submissions in regard to penalty.

Reasons For Penalty

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

For breaches of the Whip Rule relating to consecutive strikes:

2 consecutive strikes 3rd offence $300 fine 

After considering the film evidence and the submissions and having due regard for the number of consecutive 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, the Respondent is fined $300.

Conclusion

The Respondent is fined $300.