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Auckland RC 20 April 2019 - R 8 - Chair, Mr A Dooley

Created on 23 April 2019

Rules:
638(3)(b)(ii)
Committee:
ADooley (chair)
BScott
Name(s):
Mr A Goindasamy - Apprentice Rider
Mr N Harris - Apprentice Jockey Mentor
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A11510
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of race 8, Farewell & Good Luck Timmy G 1600, an Information was filed pursuant to Rule 638 (3)(b)(ii). The Informant, Mr Oatham, alleged that Mr Goindasamy used the whip excessively on a horse out of contention when riding TAKEITLIKEAMAN.

Mr Goindasamy said that he understood the Rule and confirmed he admitted the breach.

Mr Harris assisted Mr Goindasamy at the hearing.

Rule 638(3)(b)(ii) provides: A Rider shall not:

(ii) strike a horse with a whip in a manner or to an extent which is excessive
The “Guidelines With Respect to Acceptable Use of the Whip” provides:
Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached.

Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Notwithstanding the above it will also be deemed to be unacceptable where a rider uses the drawn whip:
• when a horse is out of contention
• when a horse is showing no response

Mr Oatham demonstrated the incident using the available video footage. He identified Mr Goindasamy and showed that he was racing at the rear of the field passing the 400 metres. He said that Mr Goindasamy used his whip on 11 occasions in the final straight. Mr Oatham said that TAKEITLIKEAMAN was out of contention and there was some force behind the strikes.

Mr Goindasamy accepted Mr Oatham’s interpretation of the incident and had nothing further to add.

Mr Harris said that he was concerned Mr Goindasamy used his whip over the final 100 metres when his mount was out of contention. He said Mr Goindasamy would take responsibility for his actions.

Decision:

As Mr Goindasamy admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Oatham said that Mr Goindasamy had a clear record under this Rule and submitted that a fine in the vicinity of $300 would be appropriate.

Mr Goindasamy and Mr Harris made no submissions on penalty.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented.

The JCA Penalty Guide starting point for a 1st breach of excessive use of the whip is a $300 fine which was adopted. This fine includes admission of the breach and a clear record.

When reviewing the video footage the Committee deemed Mr Goindasamy’s actions to be unacceptable. It was evident that TAKEITLIKEAMAN was racing at the rear of the field and out of contention. In addition the horse was showing no response to excessive use of the whip. These aggravating factors necessitated an uplift in penalty which we set at $100.

Penalty:

Accordingly, Mr Goindasamy was fined $400.

In conclusion the Committee advised Mr Goindasamy the JCA Penalty Guide starting points for a 2nd and 3rd breach of the whip Rule within a 12 month period.

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