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Ashburton RC 18 September 2020 - R 1 - Chair, Mr S Ching

Created on 21 September 2020

Rules:
638(1)(d)
Committee:
SChing (chair)
Name(s):
Mr K Chowdhoory - Class B Rider
Mr MR Pitman - Licensed Trainer assisting Mr Chowdhoory
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr M Davidson – Stipendiary Steward
Information Number
A11887
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 1, the Mount Somers Honey Maiden, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B rider, Mr K Chowdhoory, in that he permitted his mount MAZZONI to shift inwards when not sufficiently clear of ON THE RIVET which was checked near the 100m.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”

Mr Chowdhoory had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. He also agreed that he understood the charge and the Rule it was brought under.

Mr Chowdhoory was assisted at the hearing by Mr M Pitman, Licenced Trainer.

Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and used video coverage to show that approaching the 100m, Mr Chowdhoory, riding MAZZONI, was positioned two off the rail, with ON THE RIVET, ridden by Mr T Moseley, racing on MAZZONI’s inside. At the 100m Mr Chowdhoory, when looking to improve, angled his mount inwards, when not clear of ON THE RIVET, causing that horse to check. Mr Oatham stated that Mr Chowdhoory was only a bare length, at best, in front of Mr Moseley in this manoeuvre. He added that Mr Chowdhoory had made some effort to straighten his mount albeit too late to prevent the interference.

Mr Pitman stated that Mr Chowdhoory should have waited a couple more strides, to obtain clear running. He agreed that he had made an error of judgement.

Decision:

As Mr Chowdhoory had admitted the breach the charge was found proved.

Submission For Penalty:

Mr Davidson stated that Mr Chowdhoory’s record showed 4 breaches in the previous 12 months being on 1 December 2019 at Otago-8 days, 6 December 2019 at Riccarton-7 days, 14 January 2020 at Riccarton- 6 days and 21 March at Riccarton-7 days. Mr Davidson stated that consideration be given to Mr Chowdhoory’s record being treated as a neutral factor due to it being 6 months since his last breach. He stated that the Stewards assessed this breach as being in the low-range and submitted that a suspension in line with that submission be appropriate as penalty.

Deferment was discussed with Mr Chowdhoory with him electing to take any suspension as soon as possible.

Reasons For Penalty:

The Committee also assessed this breach as low range with the JCA Penalty Guide providing a starting point of a 6 National day suspension. We determined that an aggravating factor to consider in this case was the record of Mr Chowdhoory, showing 4 breaches in the previous 12 months, which warranted an uplift in penalty. This uplift we set at 1 day. There are however mitigating factors to consider being the current Covid situation and Mr Chowdhoory’s frank admission of the breach, for which a discount is afforded. This combined discount we set at 2 days. We therefore determined that a 5 National Day suspension was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Chowdhoory’s Class B Jockey licence is suspended from the conclusion of racing 18 September up to and including 30 September 2020.

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