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Canterbury JC 17 September 2016 - R3 - Chair, Mr S Ching

Created on 19 September 2016

Rules:
638(1)(d)
Committee:
SChing (chair)
DAnderson
Name(s):
K Mudhoo-Licensed Class B Apprentice Rider
Mr W Harnett - Apprentice Jockey Mentor assisting Mr Mudhoo
Informant
M Davidson-Stipendiary Steward
Information Number
A3245
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of Race 3, the Coca-Cola Rating 75, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr K Mudhoo, the rider of ROSHEEN, alleging careless riding near the 350m, in that he permitted his mount to shift outwards causing TUTOR, ridden by Mr R Cuneen, to be 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 Mudhoo had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Mudhoo also agreed that he understood the charge and the Rule it was brought under. Mr W Harnett, NZTR Apprentice Mentor, assisted Mr Mudhoo at the hearing.

Mr Davidson, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that approaching the 350m Mr Mudhoo, riding ROSHEEN, was in the trail behind the leader on the rail. Near the 350m, Mr Mudhoo, shifted off the rail and continued outwards into the rightful running line of TUTOR, ridden by Mr R Cuneen, causing that horse to check. Mr Davidson stated that there was room for Mr Mudhoo to shift out into a 1-off position but Mr Mudhoo had continued outwards crowding and checking TUTOR. He said that PAW PATROL, ridden by Mr L Callaway, who was positioned outside of TUTOR, may have contributed to the incident as that horse shifted in slightly at the same time. Mr Davidson stated that Mr Callaway had reported to the Stewards that his mount, TUTOR, had come to the end of its run and this incident had not affected the horses chances.

Mr Harnett stated that the trainer of ROSHEEN, Mrs Parsons, had told him the horse was an awkward horse to ride and appeared to be on the wrong leg when turning for home. He also said consideration should be given to the outside horse, PAW PATROL, that he believed contributed to the incident. He assessed the cause of the incident to be 75% Mr Mudhoo and the contribution of PAW PATROL as 25%.

Decision:

As Mr Mudhoo had admitted this breach of the Rules it was found to be proved.

Submission For Penalty:

Mr Davidson stated that Mr Mudhoo had admitted the breach at the first opportunity. He said Mr Mudhoo’s record showed 2 breaches over the previous 12 months being 9 October 2015 at Dunedin where he received a 2-day suspension and 11 March 2016 at Ashburton where he also received a 2-day suspension. This last breach he said was over 6 months ago. Mr Davidson stated that the JCA Penalty Guide had a starting point for a South Island rider of a 3-day suspension for a breach of this rule. He submitted that as Mr Mudhoo had admitted the breach, his last suspension being over 6 months ago and the level of carelessness at a low level, that a 2-day suspension be considered as penalty in this case.

Mr Harnett submitted that consideration be given to Mr Mudhoo’s admission of the breach, the low level of carelessness and the contribution to the incident by Mr Callaway’s mount, PAW PATROL.

The matter of deferment was discussed with Mr Mudhoo with Mr Mudhoo opting to take any penalty immediately.

Reasons For Penalty:

In determining penalty, the Committee took into consideration Mr Mudhoo’s ready admission of the breach, the level of carelessness, which we assessed as low with the consequences being higher, although with some mitigation. We also took into account Mr Mudhoo’s penalty record which showed 2 breaches over the previous 12 months. However, being over 6 months since his last breach, the Committee were prepared to treat his penalty record as neutral. In adopting the JCA Penalty Guide starting point of 3 days for a South Island rider the Committee was able to afford Mr Mudhoo a discount of 1 day for his frank admission of the breach and the low level of carelessness. We therefore determined that a 2-day suspension was an appropriate penalty in this case.

Penalty:

We therefore determined that Mr Mudhoo’s Class B Jockey's licence be suspended from the conclusion of racing today, 17 September up to and including 1 October 2016. This suspension encompasses the days racing at Gore 23 September and Riccarton on 1 October 2016.

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