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Marton JC 14 September 2019 - R 5 - Chair, Mrs N Moffatt

Created on 16 September 2019

Rules:
638(3)(b)(ii)
Committee:
NMoffatt (chair)
TUtikere
Name(s):
Mr J Kamaruddin - Apprentice Rider
Ms K Clapperton - Central Districts Apprentice Mentor
Mr D Balcombe - Stipendiary Steward
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
A12299
Plea:
Admitted
Charge:
Excessive Use of the Whip
Evidence:

Following Race 5 (H&T Agronomics/Agricom Handicap)) Mr Goodwin lodged an information with the Judicial Committee alleging a breach of Rule 638 (3) (b) (ii) in that Apprentice J Kamaruddin used his whip excessively prior to the 100 metres.

At the outset of the hearing Mr Kamaruddin confirmed that he understood the Rule and that he admitted the breach. He explained that he had 3 months of race riding experience and 24 race day rides.

Mr Goodwin played all available films of the race from the top of the straight until past the 100-metre mark. He identified Mr Kamaruddin and conservatively counted him strike his horse 18 times before reaching the 100m. Mr Goodwin said the whip was used behind the saddle and in a continuous manner with no respite.

Ms Clapperton said the films were clear and the breach obvious.

Decision:

As Mr Kamaruddin admitted the breach, the charge was deemed proved.

Submission For Penalty:

Mr Goodwin said this was the first time Mr Kamaruddin had breached the whip rule and explained that if it had been 7 strikes, he might have received a warning, but 18 was beyond what was acceptable. When presented with a winning chance, Mr Kamaruddin had “thrown caution to the wind”. Mr Goodwin submitted that a penalty in the vicinity of 2 weeks suspension would send a message to other riders that this manner of whip use would not be tolerated.

In response to a question from the Committee, Mr Goodwin said there had been two other occasions he was aware of where first-time whip offenders had received suspensions instead of a monetary penalty.

Ms Clapperton said that Mr Kamaruddin was inexperienced and riding for a very competitive stable where limited opportunities might possibly exert some pressure on a young apprentice. She expressed concern that while using the whip in the manner he did, he is not looking where he is going and this needs to be immediately addressed.

Ms Clapperton said Mr Kamaruddin would benefit from further time with Mr Noel Harris.

Mr Kamaruddin asked the Committee to consider a fine due to his youth and inexperience.

Reasons For Penalty:

The Penalty Guide for Judicial Committees provides the following starting points for breaches of Rule 638(3) (b) (ii):

1st breach $300

2nd breach $500

3rd or subsequent breach 6-8 national riding days

Mr Kamaruddin is inexperienced but well aware of the guidelines. When asked by the Committee, he could clearly explain the 5-on, 5-off pattern of acceptable whip use. Today’s breach falls such a long way outside of the guidelines that, in our opinion, it cannot be dealt with by means of a fine. A suspension is necessary to highlight the gravity of the breach to Mr Kamaruddin and also as a deterrent to other riders.

The Committee took into account a previous first-time breach (Bakar) where a 12-day suspension was imposed. On that occasion the rider raised the whip above the shoulder and used it in a very forceful manner going on to win the race. Mr Kamaruddin’s breach, while high end falls a little below that level.

The Committee noted Mr Kamaruddin’s body language during viewing of the films which indicated embarrassment and remorse at the way he used his whip. We hope this attitude will help him learn to use the whip within the guidelines.

Balancing up all factors, it was our opinion that a 10-day suspension was an appropriate penalty.

Penalty:

Accordingly, Mr Kamaruddin is suspended from the close of racing today Saturday, September 14th up to and including racing on Sunday, September 29th.

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