Riverton RC 1 January 2022 – R5 – Rohan Mudhoo

Evidence:

Following the running of Race 5, the Respondent (Mr R Mudhoo ) Apprentice Rider, admitted a charge alleging excessive whip use prior to the 100 metres.

Apprentice Mentor (Mr D Walsh) was present to assist Mr Mudhoo admitted the breach and he confirmed that he understood the Rule.

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 Stipendiary Steward,  Miss Haley demonstrated that the Respondent struck his mount NO BOUQUET 6 times from the straight entrance to the 100 metre mark.  She pointed out that the strikes were not particularly forceful.

In response, by way of explanation the Respondent (in this case Mr Walsh representing Mr Mudhoo ) agreed with Miss Haley’s summation.

Decision:

As the Respondent (Mr Mudhoo ) admitted the breach the Adjudicative Committee finds the breach proved.

Submissions For Penalty:

Mr M Davidson produced the Respondent’s record which indicated (this was the third breach of this Rule over the past 12 months). On 25/7/2021 Mr Mudhoo was fined $300 (8 Strikes) at the Ashburton Racing Club, and on the 13/11/2021 at the Canterbury Jockey Club, Mr Mudhoo was fined $500 (6 Strikes).

Stewards assessed the breach as medium and submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 September 2021) of a 5 day suspension as being appropriate.

The Respondent (Mr Walsh on Mudhoo’s behalf) submitted that Mr Mudhoo was a very successful experienced Apprentice Jockey who in this instance had simply made an error of judgement . Mr Walsh continued stating that the straight at Riverton was very long and often caught Riders out. Mr Walsh confirmed that Mr Mudhoo would be seeking a deferment of penalty in this instance.

Pursuant to Rule 1106(2)(b) or (c) the Respondent sought a 7 day deferment to allow Mr Mudhoo to ride at the up incoming West Coast circuit .

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 5 national day suspension plus 50% of jockey share of stake.

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes; the force used; and the Respondent’s share of stake which was not appropriate in this case the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.

As this is the Respondent’s 3rd breach a suspension of 5 days is imposed. The Respondent’s request for a deferment is granted.

Conclusion

The Respondent Mr R Mudhoo is granted a 7 day deferment. His Licence to ride in races is suspended for 5 days from close of racing on (08/01/2022) until close of racing on (16/01/2022). It was noted also Mr Mudhoo’s suspension would include the feature day at the Waikouaiti Racing Club on the 15/01/2022.