Waikato TR 4 May 2024 – R7 – Triston Moodley

Evidence

Following the running of Race 7, the Respondent Apprentice Rider Triston Moodley, admitted a charge alleging excessive whip use prior to the 100 metres.

Mr Noel Harris was present to assist.

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); or

Using the available race films, Senior Stipendiary Steward Mr Jones, demonstrated that the Respondent struck his mount 9 times from the straight entrance, to the 100-metre mark.

Mr Moodley made no comment. Mr Harris said it was out of character and Mr Moodley had a good record.

Decision

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions for Penalty

Mr Jones produced the Respondent’s record, which indicated no previous breaches of the Rule in the 6 month period. Mr Jones further advised that Mr Moodley had had 221 rides indicating he was a busy Apprentice Rider.

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).

Mr Harris, in support of Mr Moodley, noted that he had a good record and the breach was out of character.

Pursuant to Rule 1106(2)(b) or Rule 1106(3)(b), Mr Moodley sought a 7 day deferment to any proposed suspension in order to fulfil pending riding engagements. He could commence any proposed suspension after racing on 11 May.

Reasons for Penalty

The Penalty Guide starting point for a breach of this nature is set out below.

1st breach – 4 strikes over – 5 day suspension.

In this instance, Mr Moodley was 4 strikes over the allowable limit.

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide and has issued a suspension of Mr Moodley’s Jockey Licence for 5 National Riding Days.

Mr Moodley’s request for a deferment until after racing on 11 May so he could fulfill his riding commitments, was granted.

Conclusion

Mr Moodley is granted a 7-day deferment. His Licence to ride in races is suspended for 5 days, from 12 May until 19 May 2024 inclusive.