Auckland RC - 19 June 2010 - R 3

RACEDAY JUDICIAL COMMITTEE DECISION

INFORMANT:  Mr J Oatham Stipendiary Steward

DEFENDANT:  Mr H Kasim

INFORMATION No: 368

MEETING: Auckland Racing Club

DATE: 19 June 2010

VENUE: Ellerslie

RACE: 3

RULE No: 638(3)(b)

JUDICIAL COMMITTEE: Mr A Dooley, Chairman  Mr G Tankard, Committee Member, Britt Stephen-Smith , Observer.

PLEA: Admitted

ALSO PRESENT: Mr A Clarken, stable representative, who assisted Mr Kasim .

CHARGES:

Following race 3 an Information was filed pursuant to Rule 638(3)(b).The informant, Stipendiary Steward Mr J Oatham alleged that Mr H Kasim used the whip in an excessive manner aboard DARB AND MARG. Mr Kasim admitted the breach and acknowledged he understood the rule.

FACTS:

Mr Williamson demonstrated the video films which clearly showed Mr Kasim strike his mount 13 times prior to the 200 metres. He said these strikes were in quick succession and the required respite did not take place.

REASON(s):

When asked for an explanation neither Mr Kasim nor Mr Clarken had anything to say.

SUBMISSIONS(s) ON PENALTY

Mr Oatham said that Mr Kasim had 2 previous breaches under this rule, just yesterday receiving a fine for the same offence. He said the Stipendiary Stewards had some issues with the riding style of Mr Kasim and told him he needed to rectify this matter. He submitted a fine of $400 - $500 would be appropriate but did warn Mr Kasim that next time he offended under this rule a suspension would be the Stewards submission for penalty.

Mr Clarken when invited to make submissions on penalty said he would be advising Mr Kasim to sit down with a senior jockey to assist him with his riding style and use of whip.  Mr Kasim had nothing to say.

REASON(s):

The Committee carefully considered all evidence and submissions as presented. Mitigating factor is Mr Kasim’s admission of the breach. However the Committee said to Mr Kasim it was disappointed that he was back in the room less than 24 hours over the same charge. We advised Mr Kasim to exercise more control when using the whip and he had to abide by the rules of racing. We agree with Mr Clarken that some coaching from a senior jockey would benefit Mr Kasim with his riding style. We reminded him that a suspension was the next step if he does breach the rule again. We believe an increase in the penalty he incurred yesterday is warranted.

PENALTY:

After taking all the above factors into account we impose a fine of $450.

Adrian Dooley                    Ginger Tankard

Chairman                            Committee Member

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