Riccarton Park – Canterbury JC 3 August 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 ” in that he struck his mount BENAUD 8 times prior to the 100m.”

NZTR Apprentice Mentor Jason Laking and Trainer Michael Pitman were 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 demonstrated that the Respondent struck his mount 8 times from near the 300m to the 100-metre mark.

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

Decision

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

Submissions for Penalty

Mr Oatham produced the Respondent Mr Najib’s record, which indicated 3 previous breaches being;

20 April 2024 – Riccarton – 5 day suspension for 9 strikes

2 May 2024 – Riccarton – 7 day suspension for 9 strikes

30 June 2024 – Wingatui – 7 days suspension for 8 strikes

Mr Oatham stated the Penalty Guide for excessive whip use for a 4th breach for 3 additional strikes, was a 5 plus national day suspension and as this was Mr Najib’s 4th breach since April 2024, a 7 day suspension starting point be considered in this case.

Mr Najib made no submissions in regard to penalty, apart from requesting a deferment until after the meeting at Riccarton on Wednesday 7 August.

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:

4th offence starting point 5+ national day suspension where there are 3 additional strikes

In determining penalty, this Adjudicative Committee has taken into account Mr Najib’s poor penalty record in relation to this Rule.

The Penalty Guide provides a 5 plus day suspension for a 4th breach of this Rule within a 6 month period. With Mr Najib receiving a 7 day suspension on 30 June at Wingatui, an uplift in starting point was warranted. Therefore, it was determined that a 7 day starting point was appropriate.

Due to Mr Najib’s poor record, an uplift on the starting point was deemed warranted, with that uplift set at 2 days.

It was therefore determined that an appropriate penalty in this case, was a 9 day suspension.

Conclusion

The Respondent Mr Najib is granted a 4-day deferment until after racing on 7 August. His  Licence to ride in races is suspended for 9 days, from close of racing on 7 August 2024, until close of racing on 21 August 2024.