Riccarton Park – Canterbury JC 31 August 2024 – R9 – Abdul Najib

Evidence

Following the running of Race 9, the Respondent Class B Rider Abdul Najib admitted a charge alleging excessive whip use prior to the 100 metres.

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, with the assistance of Stipendiary Steward Rebecca Haley, demonstrated that the Respondent struck his mount 8 times from near the 300m to the 100m mark.

Mr Najib 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 (Rule 915(1)(d) refers).

Submissions for Penalty

Mr Oatham produced the Respondent Mr Najib’s record, which indicated 4 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 day suspension for 8 strikes

3 August 2024 – Riccarton – 9 day suspension for 9 strikes (of note, this length of suspension was to include 2 South Island Days)

Mr Oatham stated the Penalty Guide for excessive whip use for 3 additional strikes, was a 5 plus National Day suspension and as this was Mr Najib’s 5th breach since April 2024, an 8 National Day suspension be considered in this case. He added that this period of suspension would include 3 South Island Days, which would be an uplift in penalty from the previous suspension.

Mr Najib made no submissions in regard to penalty, apart from requesting a deferment until after the meeting at Wingatui on Thursday 8 September 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:

5th and consecutive 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 5th and consecutive breach of this Rule, within a 6 month period. With Mr Najib receiving a 9 day suspension on 3 August 2024 (2 South Island Days), an uplift in penalty was warranted. Mr Oatham’s submissions that an 8 National Day suspension, which would include 3 South Island Days, was deemed a just and meaningful penalty. Therefore, it was determined that an 8 National Day suspension was appropriate in this case.

Conclusion

The Respondent Mr Najib, is granted a deferment until after racing on 8 September 2024. His  Licence to ride in races is suspended for 8 National Days, from close of racing on 8 September 2024, until close of racing on 22 September 2024.