Riccarton Park – Canterbury JC 25 February 2022 – R9 – Kin Kwo

ID: RIB7594

Respondent(s):
Kin Kwo - Jockey

Applicant:
Veronica Algar - Stipendiary Steward

Adjudicators:
Stewart Ching

Information Number:
A12558

Decision Type:
Race Related Charge

Charge:
Breach of Whip Rule

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Code:
Thoroughbred

Race Date:
25/02/2022

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R9

Hearing Date:
25/02/2022

Hearing Location:
Riccarton Park

Outcome: Proved

Penalty: Jockey Kin Kwo - $500 fine

Evidence

Following the running of Race 8, the Respondent Kin Kwo Class A Rider 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, Stipendiary Steward Ms Algar demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark.  She pointed out that the strikes  were not consecutive.

Mr Kwo elected to make no submissions on the breach.

Decision

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

Submissions For Penalty

Ms Algar produced the Respondent, Kin Kwo’s record which indicated a breach earlier today  where he received a $250 fine for a low level breach.

Stewards assessed the breach as low and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 September 2021).

The Respondent Kin Kwo 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.

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

2nd offence starting point Greater of $500 fine or 50% of jockey share of stake.

After considering the film evidence, the submissions and having due regard for the number, frequency of strikes and this being the second breach by Mr Kwo today, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.

On that basis the Respondent is fined $500.

Conclusion

The Respondent Kin Kwo is fined $500.

Decision Date: 25/02/2022

Publish Date: 28/02/2022