Riverton RC 19 April 2025 – R7 – Abdul Najib

BACKGROUND

Following the running of Race 7, Apprentice Jockey Abdul Najib admitted a breach of the Whip Rules, namely that he struck his mount, MOTIONTIME, twice with his arm raised above shoulder height in the final straight.

Rule 638(3) provides as follows:

(f)   Without limiting the generality of subrule 638(3)(e), in a Flat Race or Jumping Race, a Trial (including jump-outs and/or tests for certification purposes) a Rider must not use his or her whip:

       (ii)  using an action that raises the Rider’s arm above shoulder height.

At the start of the hearing, Mr Najib confirmed his admission of the breach and that he understood the Rule and the nature of this charge. He was assisted at the hearing by Trainer Michael Pitman.

EVIDENCE

Stewards used the available race videos to identify Mr Najib leading into the home straight with MOTIONTIME. Mr Najib’s whip was shown on the head-on video crossing his face, which Mr Davidson said confirmed the breach of the Rule. Stewards submitted there were two instances of the whip being raised above shoulder height, at about the 150 and 100 metre marks.

Mr Pitman said consideration was given to defending the charge. He asked to view the race videos again at full speed. He believed the breach was marginal and difficult to detect in real time. Ultimately, the breach of the Rule was reluctantly accepted, he said.

Mr Najib had nothing to add.

DECISION

As Mr Najib has admitted the breach, it is found to be proved.

PENALTY SUBMISSIONS

Stewards produced the Respondent’s record, which showed no breaches of the Rule in the previous 6 months. Mr Najib had been warned about whip use above shoulder height on 24 November last year at Invercargill.

Mr Davidson said the two offending whip strikes on this occasion were only barely above the shoulder. He referenced the New Zealand Thoroughbred Racing Penalty Guidelines for Whip Rule breaches, which proposes a starting point of a $250 fine for a first breach of this Rule. Stewards assessed the breach as low level with no aggravating factors.

Mr Pitman said because Apprentice Jockeys receive only half of the riding fee, they should be given only half of any financial penalty that would apply to a Senior Jockey. He was reminded by Mr Davidson that the Rules do not allow for such a distinction to be made. With this being accepted, Mr Pitman said a fine of no more than the $250 starting point should apply.

Mr Najib had nothing to add on the matter of penalty.

REASONS FOR PENALTY

Mr Najib has raised his arm above shoulder height to deliver two whip strikes some 50 metres apart in the home straight. The actions in question are only marginally above the shoulder but, on the evidence of the race videos, still discernibly in breach of the Rule.

Mr Najib has a clear record under the Rule. His single warning within the reset period for above the shoulder whip use was issued 5 months ago.

MOTIONTIME finished 0.7 lengths from the winner in a deadheat for 3rd place. This is not held to be an aggravating factor.

The Adjudicative Committee found some previous first breaches of this Rule involving two or even three strikes above the shoulder that had attracted fines of $250, in line with the starting point in the Penalty Guide.

The breach by Mr Najib is low level. There are no aggravating or mitigating factors that need to be reflected in the penalty. A fine at the starting point is appropriate.

CONCLUSION

Apprentice Jockey Abdul Najib is fined $250.