Riccarton Park-Hororata 26 March 2022 – R4 – Kin Kwo

ID: RIB8244

Respondent(s):
Kin Kwo - Jockey

Applicant:
Mr M Davidson - Stipendiary Steward

Adjudicators:
Dave Anderson

Information Number:
A12565

Decision Type:
Adjudicative Decision

Charge:
You used your whip in an excessive manner prior to the 100 metres

Rule(s):
638(3(g)(i) - Whip Regulations

Plea:
Admitted

Animal Name:
MAXIE TAP

Code:
Thoroughbred

Race Date:
26/03/2022

Race Club:
Canterbury Jockey Club

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

Race Number:
R4

Hearing Date:
26/03/2022

Hearing Location:
Riccarton Racecourse, Christchurch.

Outcome: Proved

Penalty: Jockey Kin Kwo is fined $500

Evidence

Following the running of Race 4, Respondent Mr Kin Kwo 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); 

Using the available race films, Mr Davidson with the assistance of Stipendiary Steward Ms Veronica Algar, demonstrated that the Respondent struck his mount 6 times from the straight entrance to the 100-metre mark. He pointed out that the strikes were not forceful, and they were well spaced.

In response, by way of explanation, the Respondent said he has just miscounted.

Decision

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

Submissions For Penalty

Mr Davidson produced the Respondent Mr Kwo’s record which indicated 2 previous breaches both on the same day, the 25th February 2022.

Stewards assessed the breach as low and a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022) as appropriate.

The Respondent made no submissions.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out below.

3rd breach for 1 additional strike a fine of $500.

After considering the film evidence, the submissions, and having due regard for the number and frequency of strikes, the force used, 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:

Respondent Kin Kwo is fined $500.

Decision Date: 26/03/2022

Publish Date: 28/03/2022