Waimate RC 10 June 2025 – R2 – Nichola Yuen

Evidence

Following the running of Race 2, the Respondent Class B Rider Nichola Yuen, admitted a charge alleging excessive whip use prior to the 100 metres.

Class A Rider, Ms Leah Hemi, 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, Stipendiary Steward Veronica Fisher showed Miss Yuen riding OUR BO JAKK towards the outside of the track as the field turned for home. She demonstrated that the Respondent drew her whip and struck her mount 8 times, from near the home turn to the 100-metre mark.

Ms Yuen, with the assistance of Ms Hemi, stated that it was her first day riding at Timaru and with the heavy track and length of the straight, affected her judgement with her whip use. She added that her mount was running on well at the time.

Decision

As the Respondent Miss Yuen admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty

Mrs Fisher produced the Respondent’s record, which indicated 2 previous breaches being;

• 7 February 2025 – Tauranga – $500 fine for 8 strikes prior to the 100m.
• 13 March 2025 – Ashburton – 5 day suspension for 9 strikes prior to the 100m.

Mrs Fisher stated the Penalty Guide for excessive whip use for 3 additional strikes, was a starting point of a 5 plus national day suspension.

She added that there were no aggravating factors to consider.

Miss Yuen made no submissions in regard to penalty, apart from requesting a deferment until after the meeting at Oamaru on 15 June 2025.

Reasons for Penalty

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

For breaches of the Whip Rule prior to the 100m mark:

3rd offence starting point 5+ national day suspension where there are 3 additional strikes

The Penalty Guide provides a starting point of a 5 plus day suspension, for a 3rd breach of this Rule within a 6 month period and accordingly, this Adjudicative Committee adopted a 6 day starting point.

It was determined that there were no aggravating factors to consider, therefore no uplift in penalty was warranted.

Therefore, a 6 National Day suspension was deemed an appropriate penalty in this case.

Conclusion

The Respondent Miss Yuen, is granted a deferment until after racing on 15 June 2025 at Oamaru. Her Licence to ride in races is suspended for 6 National Days, from close of racing on 15 June 2025, until close of racing on 26 June 2025.