Wellington RC 18 March 2023 – R6 – Kozzi Asano

ID: RIB17418

Respondent(s):
Kozzi Asano - Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Mrs N Moffatt (Chair), Mr N McCutcheon

Persons Present:
Mr Oatham, Mr Asano

Information Number:
A17385

Decision Type:
Race Related Charge

Charge:
Excessive Use of Whip

Rule(s):
638(3)(i) - Riding/driving infringement

Plea:
Admitted

Animal Name:
ROMANCING THE MOON

Code:
Thoroughbred

Race Date:
18/03/2023

Race Club:
Wellington Racing Club

Race Location:
Trentham - 10 Racecourse Rd, Upper Hutt, 5018

Race Number:
R6

Hearing Date:
18/03/2023

Hearing Location:
Trentham Racecourse

Outcome: Proved

Penalty: Class A Jockey, Kozzi Asano fined $5,000

Evidence:

Following the running of Race 6, Information A17385 was lodged alleging that the Respondent, Class A Rider, Mr K Asano, struck his mount ROMANCING THE MOON 6 times prior to the 100 metres.

Rule 639(3)(g)(i) provides that a rider must not:

“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)

Mr Asano confirmed to the Adjudicative Committee that he understood the Rule and admitted the breach.

Using the Race films Stewards demonstrated that Mr Asano struck his mount 6 times from the straight entrance to the 100-metre mark. The 6th strike was only a couple of strides from the 100m mark.

Mr Asano agreed with the number of strikes.

Decision:

As the Respondent admitted the breach the Adjudicative Committee finds the breach proved.

Submissions for Penalty:

Mr Oatham said that Mr Asano has a clear record under the Whip Rule therefore would normally have received a warning for today’s breach, but because this was a Black Type Race a Rider must be charged. Mr Asano won the Race which has Group 1 status and a winning stake of $201,250.

Mr Asano asked the Committee to consider his clear record.

Reasons for Penalty:

Current Penalty Guidelines state “in all breaches of the whip Rules in any Black-Type race, the starting point for a fine will be an amount equal to 50% of the Jockey’s share.” In relation to Mr Asano’s clear record, it has not been usual practice in whip breaches to apply any mitigation.

Mr Asano won the Race which holds Group 1 status with a significant stake, but he won by a comfortable margin of 1½ lengths and the Adjudicative Committee did not consider this an aggravating factor worthy of an uplift from an already significant monetary penalty.

Conclusion:

Taking into account all factors a fine of $5,000 is imposed.

Decision Date: 18/03/2023

Publish Date: 20/03/2023