Waikato RC 17 June 2023 – R7- Triston Moodley

Evidence

Following the running of Race 7, the Respondent Apprentice Rider Triston Moodley, admitted a charge alleging excessive whip use prior to the 100 metres.

Donovan Mansour was present to assist.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins); or

Using the available race films, Senior Stipendiary Steward Mr Jones, demonstrated that the Respondent struck his mount 10 times from the straight entrance, to the 100-metre mark.  He said that two of the strikes were consecutive and for that, Mr Moodley received a warning, but clearly, the total of 10 strikes fell outside of the Guidelines

In response, by way of explanation, the Respondent said he mistook the 200m mark for the 100m mark.

Mr Mansour said that he advised Mr Moodley that he had struck his mount too many times, as soon as he came back after his ride. He said Mr Moodley had been away from the races for 3 weeks and may have got a little excited, as he was on the favourite.

Decision

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Jones produced the Respondent’s record, which indicated no previous breaches of the Rule.

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).

Pursuant to Rule 1106(2)(b) or Rule 1106(3)(b), the Respondent sought a 4 day deferment to any proposed suspension in order to fulfil pending riding engagements. And could commence any proposed suspension after racing on the 21st of June.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out below.

1st breach – 4 strikes over  – 5 day suspension.

In this instance, Mr Moodley was 5 strikes over the allowable limit.

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide and have issued a suspension of Mr Moodley’s Jockey License for 5 national riding days.

The Respondent’s request for a deferment is granted.

Conclusion

Mr Moodley is granted a 4-day deferment. His License to ride in races is suspended for 5 days, from close of racing on 21st of June until close of racing on 29th of June.

25th of June was not considered as it is a Jumps and Amateur day only.