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

Evidence

Following the running of Race 9, the Respondent, Hakim Kamaruddin, Class B 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 6 times from the straight entrance to the 100-metre mark.

The Respondent elected to make no submissions on the incident.

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 Taranaki – 2022, Otaki – 5 day suspension, 26 December 2022 and Riccarton – 11 February 2023 (today) – 7 day suspension.

Mr Davidson submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use for 1 additional strike for a 3rd offence (as of 10 February 2023). He added that Mr Kamaruddin would be referred to the Rider Skills Panel for assessment.

The Respondent made no submissions in regard to penalty.

Reasons For Penalty

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

Starting point for breaches of the Whip Rule prior to the 100m mark with 1 additional strike:

3rd offence-$500 fine and 2 Day suspension

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

As this is the Respondent’s 3rd breach, a suspension of 2 days and in addition, a fine of $500, is imposed.

Conclusion

The Respondent will be under suspension for a previous breach of the Whip Rule until 25 February 2023, so this suspension will start immediately after that date.

The Respondent’s licence to ride in races is suspended for 2 days from close of racing on 25 February 2023, until close of racing on 2 March 2023.

In addition, a fine of $500 is imposed.