Wanganui JC 31 August 2024 – R4 – Triston Moodley

ID: RIB45819

Respondent(s):
Triston Carlisle Moodley - Apprentice Jockey

Applicant:
Mr Mark Davidson - Stipendiary Steward

Adjudicators:
Mr Bruce Mainwaring, Mrs Nicki Moffatt

Persons Present:
Mr Davidson, Ms Kelly Jillings - Stipendiary Steward, Mr Moodley, Ms Kim Clapperton - assisting Mr Moodley

Information Number:
A17479

Decision Type:
Race Related Charge

Charge:
Whip Use above the Shoulder

Rule(s):
638(3)(f)(ii) - Contravention whip rule

Plea:
Admitted

Animal Name:
Lightning Jack

Code:
Thoroughbred

Race Date:
31/08/2024

Race Club:
Wanganui Jockey Club

Race Location:
Wanganui Racecourse - 19 Purnell Street, Whanganui, 4500

Race Number:
R4

Hearing Date:
31/08/2024

Hearing Location:
Wanganui Racecourse - Purnell Street Whanganui

Outcome: Proved

Penalty: Apprentice Jockey Triston Moodley is fined $250

Background:

Following the running of Race 4, the ‘Balance Accountants Open 1200’ 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 raised above shoulder height in the final straight on his mount LIGHTNING JACK on three occasions’

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

(f) Without limiting the generality of subrule 638(3)(e), in a Flat Race or Jumping Racing, a trial (including jump outs and /or test for certification purposes) a Rider must not use his or her whip:

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

The Respondent confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach. This was endorsed by Ms Clapperton.

Evidence:

Using available film, Stewards identified the incident. The Respondent is seen to strike his mount from above shoulder height on three occasions in the home straight. Mr Moodley confirmed that he agreed with the count. He did not offer further comment, beyond admitting an error in judgement.

Decision:

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

Submissions for Penalty:

Stewards outlined the Respondent’s record as it relates to a breach of this particular Rule within the last six months. Mr Moodley had received a warning at Tauranga on 31 July 2024. The Adjudicative Committee was referred to the Current NZTR Penalty Guide.

Reason for Penalty:

Film clearly identifies the breach. The current NZTR Penalty Guide provides for a starting point of a $250 fine. Stewards were asked as to whether three strikes could be considered an aggravating factor in determining penalty. The Adjudicative Committee was referred to two previous penalties imposed namely:

Thornton 23/8/2023

Singh 13/9/2023

In both instances, a fine of $250 was imposed, where 3 strikes above the shoulder were identified.

On balance, a fine of $250 was deemed an appropriate penalty.

Conclusion:

Apprentice Jockey Mr Triston Moodley is fined $250.

Decision Date: 31/08/2024

Publish Date: 02/09/2024