Ashburton RC - 11 July 2010 - R 2

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr M Davidson Stipendiary Steward

Defendant:  Mr H Kasim

Information No:  5629

Meeting:  Ashburton Racing Club

Date:  11 July 2010

Venue:  Ashburton Racecourse

Race:  2

Rule No:  638(3)(b)

Judicial Committee:  KG Hales, Chairman - JM Phelan, Committee Member

Plea:  Admitted

Also Present:  Accompanying Mr H Kasim - Mr PDJ Harris, Licensed Trainer and Ms K Williams, Licensed Jockey

CHARGE

As a result of Mr Kasim’s whip actions in Race 2 an information was filed alleging that Mr Kasim used his whip in an excessive manner on his mount, “Whimsical Notion”.

The information alleges: “H Kasim used his whip excessively between the 400 metres and 200 metres. “

Rule 638(3)(b) reads as follows: “A rider shall not:

(b) - Strike a horse with a whip in a manner or to an extent which is

unecessary, excessive or improper.”

In this case, the emphasis was on “excessive”.

FACTS

Mr J McLaughlin, Stipendiary Steward, demonstrated Mr Kasim’s whip actions using the video.  The evidence showed that Mr Kasim used his whip some 11 to 12 times between the 400 metre mark and the 200 metre mark, both behind and ahead of the saddle without returning his whip hand to the whip rein, for at least 6 strides, as is required by the Whip Use Guidelines. 

In explanation, Mr Kasim said that this was the first time he had ridden at the Ashburton Racecourse and wasn’t sure where the 200 metre mark was. 

SUBMISSIONS ON PENALTY

Mr Davidson told the hearing that Mr Kasim’s record showed that he was fined on 23 April, the sum of $250 for breach of this Rule, $250 on 18 June and $450 on 19 June. 

Mr Davidson submitted that a suspension of 2 or 3 days should be imposed.  We invited Mr Kasim to make submissions to us as to whether or not he wished to seek a deferment of the coming into effect of a period of suspension if that was the penalty that was to be imposed by this Committee.  Mr Kasim advised the hearing that he had riding engagements at the meeting at Pukekohe on Wednesday 14 July 2010.

PENALTY DECISION

On Race Day, we delivered the following oral penalty decision:

“In reaching our decision as to the penalty to be imposed, we have considered the video evidence, and the oral submissions that have been made. 

We note that Mr Kasim struck his mount approximately 11 or 12 times prior to the 200 metre mark.  This was clearly in breach of the Use of the Whip Guidelines, notwithstanding that some of the whip strokes were in front of the saddle. 

A further aggravating feature is that this is the fourth occasion that Mr Kasim has appeared before a Judicial Committee on a charge of this nature in the current racing season, he having appeared on 23 April, 18 June and 19 June 2010.  He was fined $250, $250 and $450 on each occasion. 

We further note by reference to the 19 June decision, as reported on the Judicial Control Authority’s website, that the Judicial Committee at Ellerslie advised Mr Kasim that a suspension was likely if he breached the Rule again.  Having regard to the aggravating features, this Committee agrees that a suspension has to be imposed.  Mr Davidson submitted a penalty of either 2 or 3 days should be imposed. 

PENALTY

We set the penalty at 2 days suspension of licence.  This will encompass meetings at Waverley on 15 July 2010 and at Whangarei/Wellington on 17 July 2010. 

Thus, Mr Kasim is suspended from race riding from the conclusion of racing on Wednesday 14 July until the conclusion of racing on Saturday 17 July.

Footnote

Mr Kasim has been warned that if he should appear before a Judicial Committee for a breach of this Rule in the not too distant future, then it is likely that a future Judicial Panel will impose a lengthy period of suspension.

K Hales                        JM Phelan

Chairman                     Committee Member

5629