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Canterbury R - North Canterbury Racing 1 October 2016 - R 9 - Chair, Mr S Ching

Created on 05 October 2016

Rules:
638(1)(d)
Committee:
SChing (chair)
RMcKenzie
Name(s):
K Kalychurun-Licensed Class B Apprentice Rider
W Harnett - Apprentice Jockey Mentor
Mr N McIntyre - Stipendiary Steward
Informant
M Williamson- Stipendiary Steward
Information Number
A8510
Plea:
Denied
Charge:
Alleged breach of Rule 638(1)(d)-Careless riding
Evidence:

Following the running of Race 9, the Rangiora New World Rating 65, an Information was filed by Stipendiary Steward, Mr M Williamson, against Class B Rider, Mr K Kalychurun, the rider of ROSSI THE RIFLE, alleging careless riding near the 1200m, in that he shifted inwards when not sufficiently clear of ALMOST COURT, ridden by Mr L Callaway, MINUTES TO MIDNITE, ridden by Miss T Jonker, and CZARISTA, ridden by Mr M McNab which was checked.

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 Kalychurun had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Kalychurun also agreed that he understood the charge and the Rule it was brought under.

Mr Kalychurun was assisted at the hearing by NZTR Apprentice Jockey Mentor, Mr W Harnett.

Submission For Decision:

Mr Williamson, with the assistance of Stipendiary Steward, Mr N McIntyre, gave evidence and used video coverage to show that approximately 175m after the start, Mr Kalychurun, riding ROSSI THE RIFLE, was improving forward and on the outside of ALMOST COURT, ridden by Mr Callaway, MINUTES TO MIDNITE, ridden by Miss T Jonker and CZARISTA, ridden by Mr M McNab. Mr McIntyre pointed out Mr Kalychurn shifting inwards when racing on the outside of those 3 horses. He said Mr Callaway’s mount shifted in away from Mr Kalychurun’s mount initially but Mr Kalychurun continued shifting in putting pressure on Mr Callaway, Miss Jonker and Mr McNab. Mr McIntyre stated that eventually the pressure was such that Mr McNab had to check out of his rightful line on the rail. Mr McIntyre pointed out on the lateral film that at no stage was Mr Kalychurun clear of Mr Callaway when shifting in and estimated that he was only ¾ of a length ahead of Mr Callaway at best, when shifting ground inwards onto the 3 inside runners. Mr McIntrye stated that Mr Callaway had caused interference in the first part of this incident but that Mr Kalychurun had finished it off by continuing to shift inwards when not clear causing the tightening and resultant check to Mr McNab. He said Mr Callaway had admitted a careless riding charge for the initial part of this incident.

Mr McNab gave evidence to say that he had received pressure from the horse on his outside, that being Miss Jonker, but realised that she was getting pressure from runners on her outer. He stated he could not identify who was outside Miss Jonker. He also stated that he was in restricted room for about 5-6 strides before having to check out of his position.

Mr Kalychurun, with the assistance of Mr Harnett, stated that Mr Callaway was yelling at him to give him some space but did not tell him there were runners on his inside. He said he could see Mr Callaway having difficulty with his horse and thought that was what he was yelling about. He said, after looking at the films that Mr Callaway had caused the incident and that he was clear throughout his inwards movement. Mr Harnett stated that if Mr Callaway had taken a hold earlier in the incident and kept his horse off the inside two runners, this incident would not have happened. He said that Mr Callaway had used Mr Kalychurun to get across the inside runners. He also pointed out that there was room between Mr Callaway and Mr Kalychrun in the initial stages of this incident when Mr Callaway’s horse was shifting away from Mr Kalychurun’s horse. He submitted that Mr Kalychurun would have been unable to see Mr McNab on the rails as he was ¾ of a length back form Miss Jonkers who was in a similar position but agreed that this was not an excuse not to be clear of the inside runners. He concluded by saying that the films showed Mr Kalychurun was making an effort to ensure he was clear of the 3 runners on his inside.

Reasons For Decision:

We carefully considered the oral and video evidence presented in this case. We were satisfied that the initial interference in this incident was caused by Mr Callaway which resulted in a careless riding charge. We were, however, satisfied that the secondary interference suffered by Mr McNab was caused by Mr Kalychurun. We found the films to be conclusive, with both the back straight and lateral angles, that Mr Kalychurun was never clear of Mr Callaway and shifted into a 3 wide position with 3 horses on his inside causing resultant check to Mr McNab when he eventually ran out of room. He was at best only ¾ of a length ahead of Mr Callaway when shifting in and we find as a fact that he was not his own length and another length clear, as required by the rules, with this inward movement. We therefore found the charge proved.

Decision:

The charge was found to be proved.

Submission For Penalty:

Mr Williamson stated that Mr Kalychurun’s penalty record showed that he had never appeared before a Judicial Committee on a charge throughout his apprenticeship. He described Mr Kalychuruns’ record as exemplary. Mr Williamson stated that the level of carelessness was low and that he was, in a way, a victim of circumstances, with the initial incident being caused by Mr Callaway. He submitted that these factors should be taken into consideration as mitigation. Mr Williamson stated that Mr Kalychurun was a South Island based apprentice rider and taking the JCA Penalty Guide starting point of 3 days’ suspension for a breach of this rule submitted that a 2-day suspension be considered as penalty in this case.

Mr Kalychurun and Mr Harnett made submissions and stated that he had approximately 450 career rides to date and had never appeared before a Judicial Committee before now. He submitted that his good record and the low level of carelessness be taken into consideration with penalty.

The matter of deferment was discussed with Mr Kalychurun with Mr Kalychurun informing the Committee that he had commitments at the Timaru meeting next Friday 7 October. Mr Kalychurn requested a deferment until after racing on that date.

Reasons For Penalty:

In determining penalty, the Committee took into consideration Mr Kalychurun’s exceptional penalty record, his status as an apprentice rider and the mitigation as noted above. In adopting the JCA Penalty Guide starting point of 3 days for a South Island rider the Committee was able to afford Mr Kalychurun a discount of 1 day for his exceptional penalty record, his status as an apprentice jockey and mitigation as noted. We therefore determined that a 2-day suspension was an appropriate penalty in this case.

Penalty:

The Committee granted Mr Kalychurun’s request for a deferment of penalty until after racing at Timaru on 7 October 2016. We therefore determined that Mr Kalychurun’s Class B Jockeys licence be suspended from the conclusion of racing following racing Friday 7 October up to and including 15 October 2016. 2016. This suspension encompasses the days racing at Winton on 9 October and Ashburton on 15 October 2016.

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