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Canterbury JC 15 November 2015 - R 1 - Chair, Prof G Hall

Created on 20 November 2017

Rules:
638(1)(d)
Committee:
GHall (chair)
SChing
Name(s):
Mr K Gundowry - Licensed Jockey
Mr J McLaughlin - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A9533
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Mr Oatham alleged that Mr Gundowry (AQUAZURRA) permitted his mount to shift inwards when not clear of FREE AND EASY (T Moseley), which was checked, shortly after the start of race 1, the ONE GOOD HORSE AT AVONHEAD TAVERN PREMIER. CARDRONA (S Collett) was also hampered.

Mr Gundowry confirmed at the commencement of the hearing that he admitted the breach.

Mr McLaughlin demonstrated on the videos that the respondent, who started from barrier draw 20, commenced an angled run across the field towards the rail. He stated Mr Gundowry was not clear of horses to inside and Mr Moseley was checked. Mr Moseley was under pressure, and he in turn hampered Ms Collett, as a consequence of the tightening that occurred when he was checked.

Mr Gundowry stated that he had come across very quickly. He was aware that he was making an angled run across the field but had thought he was clear. He said he had looked and that no one had shouted to him.

Decision:

As Mr Gundowry has admitted the breach, it is found to be proved.

Submission For Penalty:

Mr Oatham produced the respondent’s record, which evidenced Mr Gundowry had only been riding in New Zealand for some 3 or 4 months. He had had 19 rides in this time and Mr Gundowry said he had ridden 4 winners. This was the first time Mr Gundowry had been before a Judicial Committee.

Mr Oatham described the breach as mid range and submitted a penalty in line with the 8-day JCA starting point was appropriate.
Mr Gundowry accepted that the breach was mid range. He said he had over 100 rides in Mauritius and he had served an apprenticeship in England. He requested a deferment of penalty until after racing on Saturday 18 November as he had engagements on that day.

Reasons For Penalty:

Mr Gundowry, who was drawn in a wide gate, has made an angled run towards the rail shortly after the start of race 1. He was not his length and another clear of the horses to inside and, as a consequence, Mr Moseley received a significant check and Ms Collett was inconvenienced when Mr Moseley had to take hold of his horse.

We agree with Mr Oatham that the breach is mid-range and we would add at the higher end of that range. We take an 8-day starting point as in the JCA Penalty Guide. A one-day discount is appropriate for the mitigating factors of clear record and admission of the breach.
Mr Gundowry is suspended from the end of racing on Saturday 18 November up to and including 30 November. We have not included Waverley 19 November in this calculation as riders have been declared for this day and Mr Gundowry is not riding at that meeting.

Penalty:

Mr Gundowry’s licence is suspended for 7 National days.

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