Waverley RC 28 February 2025 – R4 – Sima Mxothwa

Background:

Following the running of Race 4, the ‘Eltham Vets Maiden 1200’, an Information was lodged alleging a breach of Rule 638(3)(f)(ii). Details are as follows:

‘in that S Mxothwa (Trader Inn) used his whip above shoulder height in the run home’.

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 and 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, TRADER INN was positioned away from the fence and finishing strongly. At the approx 200 metre mark, Mr Mxothwa is seen to strike his mount on one occasion, with the action commencing from above shoulder height. Mr Mxothwa was asked for comment.  He admitted an error in judgement, noting he realized his error immediately and rode from that point to the finish line, in a ‘compliant’ manner.

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 noted. This is his third breach of this Rule over recent times, with previous being New Plymouth on 27 December 2024 – $250 fine and New Plymouth on 31 December 2024 – $250 fine.

Reasons for Penalty:

Available film clearly identified the alleged breach.  The current NZTR Penalty Guide provides for a $250 fine for a breach under this particular Rule. Given the Respondent’s recent record, an uplift was deemed appropriate. On balance, a fine of $350 was imposed.

Conclusion:

Mr Mxothwa is fined a sum of $350.