Riccarton Park – Canterbury JC 3 August 2024 – R7 – Ruvanesh Muniandy

Evidence

Following the running of Race 7, the Respondent Class B Rider Ruvanesh Muniandy admitted a charge alleging excessive whip use prior to the 100 metres in that as the rider of TAIMATE DIVA he struck his mount 9 times prior to the 100m.

NZTR Apprentice Mentor Jason Laking 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, Chief Stipendiary Steward John Oatham, with the assistance of Stipendiary Steward, Mark Davidson demonstrated that the Respondent struck his mount 9 times from the home turn to the 100-metre mark.

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

Decision

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

Submissions for Penalty

Mr Oatham produced the Respondent Mr Muniandy’s record, which indicated 1 previous breach being;

• 20 June 2024 – Oamaru – $500 fine for 8 strikes

Mr Oatham stated the Penalty Guide starting point for a 2nd breach, excessive whip use for 4 additional strikes, was a 5 plus national day suspension. He submitted that a 6 day suspension be considered as penalty in this case.

Mr Muniandy made no submissions in regard to penalty, apart from not seeking a deferment and requesting any suspension begin as soon as possible.

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 5+ national day suspension where there are 4 additional strikes

The Penalty Guide provides a 5 plus day suspension for a 2nd breach of this Rule within a 6 month period. Therefore, it was determined that a 6 day starting point was appropriate.

There were no aggravating factors to consider, therefore no uplift in penalty was warranted.

The penalty is mitigation inclusive, so it was therefore determined that an appropriate penalty in this case, was a 6 day suspension.

Conclusion

The Respondent Mr Muniandy’s Licence to ride in races is suspended for 6 days, from close of racing today, 3 August 2024, until close of racing on 11 August 2024.