Riccarton Park – Canterbury JC 10 August 2024 – R8 Dan Subramaniam

Evidence

Following the running of Race 8, the Respondent Class A Rider Dan Subramaniam admitted a charge alleging excessive whip use prior to the 100 metres.

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, Chief Stipendiary Steward John Oatham, with the assistance of Stipendiary Steward Mark Davidson, demonstrated that the Respondent struck his mount 12 times from near the home turn to the 100-metre mark. Mr Oatham stated that Mr Subramaniam went on to win the event.

Mr Respondent elected to make no submissions in regard to the breach.

Decision

As the Respondent Mr Subramaniam admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mr Oatham produced the Respondent Mr Subramaniam’s record, which indicated a clear record. He said that the Respondent had been back riding in the country for a short period of time and had ridden on 28 occasions last season, with 1 ride so far this season, prior to today.

Mr Oatham stated the  Penalty Guide for excessive whip use for an initial 4 or more additional strikes, was a 5 national day suspension. Aggravating factors he said, was the fact that Mr Subramaniam went on to win the race and the sheer number of strikes, being 12, which he submitted warranted an uplift.

Mr Subramaniam made no submissions in regard to penalty, apart from requesting a deferment until after the meeting at Oamaru on 16 August 2024.

Reasons for Penalty

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

For breaches of the Whip Rule prior to the 100m mark:

1st offence starting point 5 national day suspension where there are 4 or more additional strikes

In determining penalty, this Adjudicative Committee has taken into account the aggravating factors, being the fact that the Respondent won the race and the number of strikes imposed prior to the 100m, which warranted an uplift in penalty. This uplift was set at 2 days.

It was therefore determined, that an appropriate penalty in this case was a 7 day suspension.

Conclusion

The Respondent Mr Subramaniam, is granted a deferment until after racing on 16 August 2024. His Licence to ride in races is suspended for 7 days, from close of racing on 16 August 2024, until close of racing on 29 August 2024.