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Auckland RC 5 November 2019 - R 4 - Chair, Mr A Dooley

Created on 06 November 2019

Rules:
638(1)(d)
Committee:
ADooley (chair)
ASmith
Name(s):
Mr A Goindasamy - Apprentice Rider
Mr N Harris - Apprentice Jockey Mentor
Mr A Coles - Stipendiary Steward
Ms S Collett - Rider of ERIDANI
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A11539
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following the running of race 4, Agrowquip John Deere 1200, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Mr Goindasamy permitted his mount DESTINATION to shift in when insufficiently clear of ERIDANI which was checked approaching the 800 metres.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Goindasamy denied the breach and acknowledged that he understood the Rule and the nature of the charge.

Mr Harris assisted Mr Goindasamy at the hearing.

Submission For Decision:

Mr Coles demonstrated the alleged incident using the available video films. He identified that Mr Goindasamy was racing 1 off the rail and just a bare length clear of ERIDANI passing the 900 metres. He said shortly after that point Mr Goindasamy turned his horse's head inwards to take a position on the rail. In doing so Ms Collett, the rider of ERIDANI, had to take a firm hold of her mount and dropped back onto KYLIE BAX. As a consequence that runner shifted out of ERIDANI’s heels and hampered SOCIALIGHTS, CIN CIN and SWEET NINETEEN.

Mr Goindasamy did not wish to cross examine Mr Coles’ evidence.

Mr Oatham called Ms Collett the rider of ERIDANI as a witness. Ms Collett said that she was racing near the lead and aware that Mr Goindasamy was looking to shift down to the rail. She said that Mr Goindasamy eased his mount when coming across and was only 1 length clear of ERIDANI when she had to take a firm hold of her mount.

Mr Goindasamy submitted that he was trying to keep his mount balanced and “slide in” but his mount was trying to run outwards. He said Ms Collett called out to him to go forward and he added that he when he crossed ERIDANI he thought he was 1 ½ lengths clear of that runner.

Mr Harris said that after viewing the video footage “he thought Mr Goindasamy was going to admit the breach”. He said there was no intent by Mr Goindasamy to ease the pace, he should have stayed where he was and it was a misjudgement on his part.

In summing up Mr Oatham submitted that the evidence of both Mr Coles and Ms Collett was clear on the video footage.

When given the opportunity to sum up Mr Goindasamy had nothing to say.

Reasons For Decision:

The Committee carefully considered all the evidence and submissions presented and reviewed the video films of the alleged incident.

The Committee found that approaching the 800 metres Mr Goindasamy allowed his mount to shift inwards when only 1 length clear of ERIDANI. As a result that runner had to be firmly restrained by its rider and as a consequence several other horses were hampered to varying degrees. The video footage of the incident was compelling.

The obligation and responsibility is upon Mr Goindasamy in that a horse crossing another horse must be at least its own length and one other clear length in front of such other horse at the time of crossing. This Rule is designed to protect the safety of horse and rider which is paramount.

Decision:

For the reasons detailed above the Committee found the charge against Mr Goindasamy proved.

Submission For Penalty:

Mr Oatham produced Mr Goindasamy’s record which showed 5 previous breaches under this Rule in the last 12 months, the most recent being 18 September 2019. He said Mr Goindasamy’s record has improved in the last 6 months and he should not be penalised too heavily for his overall record. He described the level of carelessness as midrange and added that 5 horses were affected to varying degrees.

Mr Goindasamy requested that any proposed suspension could start after racing on 9 November 2019.

Mr Harris submitted that Mr Goindasamy had started the season really well, he was a competitive rider and his record had improved.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

After reviewing the video films, as detailed above, the Committee deemed the level of carelessness displayed by Mr Goindasamy was midrange.

The JCA Penalty Guide starting point for a midrange breach is 8 national days which was adopted.

There can be no discount applied for admission of the breach however, similarly the Committee apply no uplift for the fact that the charge was defended, as that is Mr Goindasamy’s right.

Mr Goindasamy’s record under this Rule in the last 12 months is poor which warrants a 1 day uplift in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 9 national riding days.

Penalty:

The Committee granted a deferment to Mr Goindasamy’s suspension pursuant to Rule 1106(2).

Accordingly, the Committee suspended Mr Goindasamy’s license to ride in races for the period to commence after racing on 9 November 2019 and conclude after racing on 21 November 2019.

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