Riccarton Park – Canterbury JC 2 May 2024 – R4 – Abdul Najib

Evidence

Following the running of Race 4, the Respondent, Class B Rider, Abdul Najib admitted a charge alleging excessive whip use prior to the 100 metres.

Apprentice Mentor Jason Laking was present to assist, as was Michael Pitman, Trainer and employer of Mr Najib.

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 Ms Algar demonstrated that the Respondent struck his mount 9 times from the straight entrance to the 100-metre mark.

In response, by way of explanation, the Respondent, with the assistance of Mr Pitman, said that he got carried away and miscounted the number of strikes.

Decision

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

Submissions for Penalty

Ms Algar produced the Respondent’s record, which indicated a previous breach on 20 April 2024 at Riccarton, where he received a 5 day suspension for 9 strikes prior to the 100m.

Ms Algar stated the Penalty Guide provided a 5 plus day suspension for a second breach of this Rule within a six month period and submitted a suspension in accordance with the Guide, be considered as penalty.

Mr Najib, with the assistance of Mr Pitman, made no submissions in regard to penalty, apart from seeking a deferment until after Racing at Invercargill on 12 May 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:

2nd offence starting point for 4 or more additional strikes – a 5 plus day suspension.

An aggravating factor was that it was only 12 days since his previous breach, which was again, for 9 strikes prior to the 100m.

After taking the aggravating factor, noted above, into consideration, a 7 National Day suspension was determined to be an appropriate penalty in this case.

Conclusion

Mr Najib’s application for a deferment until after Racing on 12 May 2024 is granted.

Mr Najib’s Riding Licence is suspended from the conclusion of racing on 12 May 2024, up to and including 24 May 2024.