Taranaki RI 27 December 2024 – R7 – Sima Mxothwa
ID: RIB49931
Animal Name:
Tshiebwe
Code:
Thoroughbred
Race Date:
27/12/2024
Race Club:
Taranaki Racing Inc
Race Location:
New Plymouth Raceway - Rogan Street, New Plymouth, 4310
Race Number:
R7
Hearing Date:
27/12/2024
Hearing Location:
New Plymouth Racecourse 1 Wogan Street New Plymouth 4310
Outcome: Proved
Penalty: Apprentice Jockey Sima Mxothwa is fined $250
Background:
Following the running of Race 7, the ‘Landmark City of New Plymouth Cup R75’, an Information was lodged alleging a breach of Rule 638(3)(f)(ii). Details are as follows:
‘in that he used his whip with arm above shoulder height in the final straight on his mount TSHIEBWE three times’.
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 admitted the breach. This was endorsed by Ms Clapperton, who was present to assist Mr Mxothwa.
Evidence:
Using available film, Stewards identified the incident. In the straight, TSHIEBWE was positioned away from the fence and finishing strongly. Mr Mxothwa is seen to strike his mount on three occasions, with the action commencing from above shoulder height. Mr Mxothwa was asked for comment. Whilst admitting an error in judgement, he had felt under some pressure, given his mount was the favourite in the race.
Decision:
As the Respondent admitted the breach, the Adjudicative Committee found the breach proved.
Submissions for Penalty:
The Adjudicative Committee was referred to the current NZTR Penalty Guide. The Respondent’s record was clear, as it related to any breach of this particular Rule.
Reasons for Penalty:
Available film clearly identified the alleged breach. The current NZTR Penalty Guide provides for a $250 fine for a first offence breach under this particular Rule. In determining penalty, the Adjudicative Committee recognised the number of strikes (3) as an aggravating factor. Conversely, the Respondent’s status as an Apprentice, was also considered. On balance, a fine of $250 was deemed appropriate.
Conclusion:
Mr Mxothwa is fined a sum of $250.
Decision Date: 27/12/2024
Publish Date: 30/12/2024