Racing Rotorua - 18 June 2010 - R 5
638(3)(b)
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr. R Neal Stipendiary Steward
Defendant: Mr. H Kasim
Information No: 5681
Meeting: Racing Rotorua
Date: 18th June 2010
Venue: Arawa Park
Race: 5
Rule No: 638(3) (b)
Judicial Committee: Jeff Holloway Chairman, Gavin Jones Committee Member
Plea: Admitted
Also Present: Mr. A Clarkin
CHARGE:
Apprentice Jockey H KASIM was charged with a breach of Rule 638(3)(b) in using his whip excessively on his mount Chato Margaux in Race 5. Mr. Kasim admitted the breach and was present for the hearing with Mr. A Clarkin in support. The relevant rule was read.
FACTS:
Mr. Neal referred to video footage of the concluding stages of race 5 and identified Mr. Kasim on his mount. Between the 400m and 200m he struck Chato Margaux eleven or twelve times without abatement. This was well outside the gazetted guidelines. When interviewed by the stipendiary stewards, Mr. Kasim admitted using his whip excessively. He agreed with the facts as given before the committee and had not further comment. Accordingly the charge was established.
SUBMISSIONS ON PENALTY:
Mr. Neal told the hearing that Mr. Kasim was in a position to win the race and obviously got carried away with the situation and hadn’t considered the number of times he had struck the horse. He was a promising apprentice rider who was not widely experienced but on this occasion had transgressed the rules. He had one previous breach of the same rule in April 2010 when he was fined $250. In respect to this breach Mr. Neal submitted the committee should consider a fine in the range of $200 to $300.
Mr. Kasim had nothing to say other than to reiterate the comments of the stipendiary steward. He had no objection to the suggested penalty range.
REASON(s):
In arriving at its decision the committee was mindful of the circumstances of the breach, Mr Kasim’s frank admission and lack of experience, the judicial control authority penalty guidelines and the submissions of both parties. Mr Kasim was also advised that further breaches of this rule would leave him liable for more serious sanctions.
PENALTY:
Mr Kasim is fined $250.
Jeff Holloway Gavin Jones
Chairman Committee Member
5681
