Taranaki RI 10 June 2025 – R6 – Sima Mxothwa

Background:

Following the running of Race 6, the ‘Leica Lucy 2024/2025 Season Winner Filly of the Year R65’, an Information was lodged alleging a breach of Rule 638(3)(f)(ii). Details are as follows:

‘struck his mount ‘I Don’t’ with the whip using an action which raised his arm above shoulder height on several occasions in the final straight’

Rule 638(3)(f)(ii) provides:

(f) A Rider must not use his or her whip:

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

The Respondent confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach. This was endorsed by Mr Laking, who was present to assist Mr Mxothwa.

Evidence:

Using available film, Stewards identified the incident.  Turning into the straight, I DON’T was positioned away from the fence and finishing strongly.  The Respondent is seen to strike his mount on a number of occasions, with the action commencing from above shoulder height.  I DON’T finished 2nd in the race, 1/2 length from the winner. Mr Mxothwa was asked for comment.  He admitted an error in judgement, disappointment in his actions and maintained that he felt under pressure. Mr Laking reiterated this, adding that Mr Mxothwa must look to ‘relax’.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee found the breach proved.

Submissions for Penalty:

Stewards outlined the Respondent’s record. This is his fifth breach of this Rule within the last six months, with previous being New Plymouth on 27 December 2024 – $250 fine, New Plymouth on 31 December 2024 – $250 fine, Waverley on 28 February 2025 – $350 fine and Hawera on 26 March 2025 – $400 fine .  Stewards contended that given record, a period of suspension be considered. The Respondent did not provide specific submission as to Penalty.

Reasons for Penalty:

Available film clearly identified the alleged breach.  On balance, given record and circumstance, suspension is considered to be the appropriate penalty. The current NZTR Penalty Guide provides for a $250 fine for a breach under this particular Rule. A significant uplift is required. Guidance was taken from those starting points provided for in respect of ‘like’ whip offences ie: 5th offence excessive use, 1 additional strike and 5th offence whip use in two consecutive strides. On this basis, a 5  day suspension of Licence is imposed. Deferment of suspension is granted, enabling the Respondent to satisfy riding commitments at the Wanganui Jockey Club Meeting on 14 June 2025. It is also noted that Stewards are to refer the Respondent to the NZTR Rider Skills Review Panel.

Conclusion:

The Respondent’s Licence to ride in races is suspended for 5 national riding days, from the close of racing on 14 June 2025, up to and including racing on 22 June 2025.