Riccarton Park – Riccarton Turf 4 May 2024 – R9 – Ashvin Goindasamy

Evidence

Following the running of Race 9, the Respondent, Class A Rider, Ashvin Goindasamy, 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, Chief Stipendiary Steward John Oatham demonstrated that the Respondent struck his mount 7 times from the straight entrance to the 100-metre mark. He added that Mr Goindasamy went on to strike OUR MILLY BEE on a further 5 occasions over the concluding 100m, which put the Respondent outside the exception part of the Rule.

In response, by way of explanation, the Respondent stated that he had been held up in the early part of the straight and when he achieved clear running, his horse responded well to the whip and he then just carried on with the whip without thinking of the number of strikes.

Decision

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

Submissions for Penalty

Mr Oatham produced the Respondent’s record, which indicated 2 previous breaches within the previous 6 months being, Ashburton on 4 April, where he received a warning and Riccarton on 13 April 2024, where a $500 fine was imposed.

Mr Oatham stated the Penalty Guide provided a 5 day suspension for a third breach of this Rule with 2 additional strikes, within a six month period and submitted a suspension in accordance with the Guide, be considered as penalty.

Mr Goindasamy elected to make no submissions in regard to penalty apart from requesting a deferment until the New Plymouth Meeting on 11 May 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:

3rd offence starting point for 2 additional strikes – a 5 day suspension.

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

The Adjudicative Committee therefore determined that a 5 National Day suspension was an appropriate penalty in this case.

Conclusion

Mr Goindasamy’s application for a deferment until after Racing on 11 May 2024 is granted.

The Respondent’s Riding Licence is suspended from the conclusion of racing on 11 May 2024, up to and including  19 May 2024.