Taranaki RI 31 December 2025 – R3 – Sima Mxothwa

ID: RIB62453

Respondent(s):
Simamkele Mxothwa - Apprentice Jockey

Applicant:
Ms Kelly Jillings - Stipendiary Steward (Chair)

Adjudicators:
Mr Bruce Mainwaring

Persons Present:
Ms Jillings, Mr Mxothwa, Ms Kim Clapperton - Apprentice Mentor

Information Number:
A17718

Decision Type:
Race Related Charge

Charge:
Whip Use above Shoulder Height

Rule(s):
638(3)(f)(ii) - Contravention whip rule - Whip use above shoulder height

Plea:
Admitted

Animal Name:
SURROUND SOUND

Code:
Thoroughbred

Race Date:
31/12/2025

Race Club:
Taranaki Racing Inc

Race Location:
New Plymouth Raceway - Rogan Street, New Plymouth, 4310

Race Number:
R3

Hearing Date:
31/12/2025

Hearing Location:
New Plymouth Racecourse 1 Wogan Street New Plymouth 4310

Outcome: Proved

Penalty: Apprentice Jockey Mr Sima Mxothwa is fined $350.

Background:

Following the running of Race 3, the ‘Seaton Park Maiden 3yo 1400m’, 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 on his mount Surround Sound in the home 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 admitting 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 SURROUND SOUND was positioned away from the fence and finishing strongly. Mr Mxothwa is seen to strike his mount on a compliant number of occasions however two are noted (prior to the 100 metre mark) with an action clearly above shoulder height. SURROUND SOUND finished 2nd in the event. Ms Clapperton commented that Mr Mxothwa remains a ‘work in progress’ with the problem accentuated by an exaggerated action.

Decision:

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

Submissions for Penalty:

Respondent record was provided.  One previous breach is noted within the last 6 months. This occurred at the Taranaki RI meeting on 16/8/2025 where a 7 day suspension was imposed. Same reflected record in the 6 month period leading up to that breach. The Committee were referred to the current Penalty Guide. The Respondent did provide submission in respect of penalty.

Reasons for Penalty:

Available film clearly identified the breach. The current Penalty Guide provides for a $250 fine for a 1st breach of this Rule with an uplift applied in this case to reflect a 2nd offence. When considering an appropriate Penalty, a Riders whip record over the preceding 6 months is to be taken into account. A fine of $350 is deemed the appropriate sanction.

Conclusion:

Mr Mxothwa is fined a sum of $350.

Decision Date: 31/12/2025

Publish Date: 05/01/2026