Riccarton Park – Canterbury JC 2 September 2023 – R8 – Niranjan Parmar

SUMMARY OF FACTS:

Following the running of Race 8, Niranjan Parmar, admitted a charge alleging excessive whip use on his mount, AYREON, prior to the 100 metres, in that he struck his mount 8 times.

Rule 638(3)(g)(i) provides that “in a Flat Race, a Rider must not except as provided for in (iii) (A) and (iii) (B) of this sub-Rule, 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

SUBMISSIONS:

Mr Dooley with the assistance of Mr Oatham, pointed out on video replays AYREON, ridden by Mr Parmar, in the run home. Mr Oatham said the strikes were clear with the eighth strike being just short of the 100 metre mark.

Mr Parmar accepted it was clear but said he had misjudged the 100 metre mark. The Adjudicative Committee was also advised this was Mr Parmar’s first ride on the grass track at Riccarton.

DECISION:

As the breach was admitted, the Adjudicative Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Mr Dooley said that Mr Parmar had a poor record and had eight relevant prior breaches under this Rule. Mr Parmar’s record relates to four prior days where he had received more than one breach on three of those days. It was, however, raised that a number of his prior breaches were about to fall away, given the six month reset period. Mr Dooley said that this was Mr Parmar’s first breach since the Rule had changed and the last breach was over two months ago.

Mr Dooley submitted that the starting point was a 5+ National Riding Day suspension in reference to the Penalty Guide.

Mr Parmar sought a deferment of his suspension until after racing on 9 September 2023.

REASONS FOR PENALTY:

The Adjudicative Committee was provided a printout of Mr Parmar’s relevant prior breaches which showed eight within a six month period. They are as follows:

• 4 March 2023 at Waikato where he was given a $300 fine for 6 strikes.
• 4 March 2023 at Waikato where he was given a $500 fine for 6 strikes.
• 4 March 2023 at Waikato where he was given a $800 fine and 2 day suspension for 6 strikes.
• 11 March 2023 at Wellington where he was given a 6 day suspension for 7 strikes.
• 11 March 2023 at Wellington where he was given a 7 day suspension for 7 strikes.
• 17 June 2023 at Waikato where he was given an 8 day suspension for 8 strikes.
• 21 June 2023 at Auckland where he was given a 9 day suspension for 6 strikes.
• 21 June 2023 at Auckland where he was given a 7 day suspension for 6 strikes.

The Adjudicative Committee had regard to the fact that three of these recorded breaches were set to fall away due to the six month reset period in two days from this current breach. Furthermore, the Adjudicative Committee accepted that the eighth strike was close to the 100 metre mark and it is accepted that Mr Parmar has not been before an Adjudicative Committee in relation to the use of the whip in over two months. However, his record is unenviable and this was a clear breach of the Rule; accordingly, a suspension of eight days is warranted in this matter.

CONCLUSION:

Mr Parmar’s deferment application is granted.

Mr Parmar is suspended for eight days from the close of racing on 9 September 2023, up to and including 21 September 2023.