Waverley RC 28 February 2025 – R5 – Sima Mxothwa

Background:

Following the running of Race 5, the ‘Equine Sports Institute 2200m’, an Information was lodged alleging a breach of Rule 638(1)(d). Details are as follows:

‘in that S Mxothwa (ROULADE) angled his mount outwards near the 300 metres checking TUESDAY (M Hudson)’ 

Rule 638(1)(d) provides:

(1) A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be:

(d) careless.

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

Evidence:

Using available film, Stewards identified the incident and horses involved. Approaching the turn, ROULADE was positioned to the rear of the field and 3-4 horse widths from the fence. TUESDAY was positioned to it’s rear and outside. The Respondent is seen to glance and then angle his horse out. In doing so, he is insufficiently clear of TUESDAY, who is checked, losing ground. Additionally, in moving his mount, became unbalanced after clipping the heels of PIPER’S SON (Craig Grylls).  When asked, Mr Mxothwa commented that the horse had been a difficult ride and he had been under specific instructions to move his mount out on the turn.

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 any breach of this particular Rule within the 12-month reset period. His record remains clear. He has been riding since July 2024, with 46 race day rides noted. It was contended that the carelessness sat low to mid-range, with the Adjudicative Committee referred to the current NZTR Penalty Guide. Mr Mxothwa asked that any suspension imposed be deferred, to enable him to satisfy riding commitments at New Plymouth on 8 March 2025.

Reason for Penalty:

The incident is satisfactorily identified through film. The Respondent was not sufficiently clear when looking to move, with his actions causing his horse to become unbalanced after clipping heels, whilst the check to TUESDAY, did materially affect the chances of that horse. The incident did highlight the Respondent’s inexperience, with an endeavor to follow riding instructions, affecting judgement.

The Adjudicative Committee was satisfied that the degree of carelessness sat low to mid-range.  The current NZTR Penalty Guide provides a starting point for low-range careless at a 5-day suspension and mid-range careless, a 7-day suspension. A 6-day suspension was adopted as a starting point. A reduction was applied to reflect Jockey status. After consideration, a 5 day suspension was deemed an appropriate penalty. The Respondent’s request for a deferment was granted.

Conclusion:

The Respondent’s Licence to ride in races is suspended for 5 NR Days, from the close of racing on 8 March 2025, up to and including 15 March 2025.