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Canterbury R 21 March 2020 - R 2 - Chair, Mr S Ching

Created on 30 March 2020

Rules:
638(1)(d)
Committee:
SChing (chair)
DAnderson
Name(s):
Mr K Chowdhoory - Class B Rider
Mr M Pitman - Licensed Trainer
Mr M Davidson - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12813
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 2, Selwyn Rakaia Vet Services, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class B rider, Mr K Chowdhoory, in that he directed his mount inwards forcing VARDON ROAD inwards, having to avoid the heels of CHARLIE AWESOME near the 1200m.

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 Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and used video coverage to show that Mr Chowdhoory, riding ALL ABOUT MAGIC, had drawn the outside gate in the 10-horse field. Mr Davidson showed on the films, that shortly after the start was made, Mr Chowdhoory, directed his mount inwards and made contact with VARDON ROAD, ridden by Mr C Johnson. He said Mr Chowdhoory relieved the pressure on Mr Johnson briefly but then continued on in an inward movement forcing Mr Johnson down onto the heels of CHARLIE AWESOME and as a result Mr Johnson was awkwardly placed, having to take evasive action to check away from the heels of CHARLIE AWESOME.

Mr Pitman stated that Mr Chowdhoory had freely admitted moving in when not clear. He said there were mitigating circumstances to consider. He said Mr Johnson has pulled out of the situation before it was necessary due in some degree to OUR ROSSETTE who was ahead shifting out slightly forcing the trailing runner, CHARLIE AWESOME to shift out slightly as well, contributing to the situation by closing the gap. Mr Pitman submitted that had OUR ROSETTE not moved and dictated CHARLIE AWESOME out, the gap may have stayed there for Mr Johnson all the way through.

Decision:

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

Submission For Penalty:

Mr Oatham stated that Mr Chowdhoory’s record showed 3 previous breaches in the previous 12 months being on 1 December 2019 at Otago - 8 days, 6 December 2019 at Riccarton - 7 days and 14 January 2020 at Riccarton - 6 days. He stated that the Stewards assessed this breach as being in the low to mid-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 JCA Penalty Guide provides a starting point of a 6 National day suspension for a low-range and 8 days for a mid-range breach of this rule. We also assessed this breach as low to mid and therefore adopted a 7-day starting point. The aggravating factor to consider in this case was the record of Mr Chowdhoory, showing 3 breaches in the previous 12 months. This aggravating factor warranted an uplift in penalty, which we set at 1 day. There are however mitigating factors to consider being Mr Chowdhoory’s frank admission of the breach for which a discount is afforded. This discount we set at 1 day.

We therefore determined that a 7 National Day suspension was an appropriate penalty in this case.

Penalty:

Accordingly, Mr Chowdhoory’s Class B Jockeys licence is suspended from the conclusion of racing 23 March, after the Dunedin meeting, for which the riders were already declared, up to and including 3 April 2020.

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