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Canterbury R 6 October 2018 - R 1 - Chair, Mr S Ching

Created on 09 October 2018

Rules:
638(1)(d)
Committee:
SChing (chair)
DAnderson
Name(s):
S Muniandy-Class A Licensed Jockey
Mr M Davidson - Stipendiary Steward
Miss T Comignaghi - Rider of PREDICTION
Informant
M Williamson- Stipendiary Steward
Information Number
A11062
Plea:
Denied
Charge:
Alleged breach of Rule 638(1)(d)
Evidence:

Following the running of Race 1, the Cup Week Tickets on Sale Now Rating 65, an Information was filed by Stipendiary Steward, M Williamson, against Class A Licensed Jockey, Mr S Muniandy, the rider of HANNAH MARENE, alleging he allowed his mount to shift out crowding and checking PREDICTION, ridden by Miss T Comignaghi, passing the 350m.

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

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

Submission For Decision:

Mr Williamson gave evidence and used video coverage with the assistance of Stipendiary Steward Mr M Davidson, to show that approaching the 350m, HANNAH MARENE, ridden by Mr Muniandy was racing approximately 2 to 3 horses off the rail with PREDICTION, ridden by Miss Comignaghi on his outer. He pointed out a gap immediately ahead of Miss Comignaghi, on the outside of SMOKE HOUSE BAY, which was available to her and to which she was entitled to improve into. Mr Muniandy, he said, was trailing SMOKE HOUSE BAY, and at the 350m he angled out when only ¾ length ahead of Miss Comignaghi, shifting into her line and forcing her across heels and as a result had to check.

Miss Comignaghi gave evidence and stated to the hearing that at the 350m, she was racing with Mr Muniandy on her inside and improving at the time. She stated that there was a gap immediately ahead, on the outside of SMOKE HOUSE BAY, for her to take advantage of. Mr Muniandy, she stated, shifted out into her line forcing her out onto heels of DAMANAKA and having to check. She said Mr Muniandy was only just over ½ a length ahead of her when he shifted out into her line.

Mr Muniandy asked Miss Comignaghi if she was travelling well at the time he shifted out. She replied she was going well and was taking advantage of the gap. He asked why she did not check when he shifted out to which she replied that she did in fact check.

Mr Muniandy stated that the incident could be described as competitive riding. He said that he did come out and take a run inside Miss Comignaghi because he was travelling better than her. Mr Muniandy said in his opinion, Miss Comignaghi did not check and had every opportunity to take advantage of the gap available to her. Mr Muniandy said there was ½ a gap available, he came out gradually and again, Miss Comignaghi did not check. He also said that SMOKE HOUSE BAY was shifting outwards slightly as well and did not help the situation.

Reasons For Decision:

The Committee carefully considered all the video and oral evidence presented which we find compelling. This Committee is satisfied that near the 350m Mr Muniandy shifted out from behind SMOKE HOUSE BAY to take a gap immediately ahead of Miss Comignaghi. We find that Mr Muniandy was at best only ¾ of a length ahead of Miss Comignaghi in this manoeuvre. We also find that Miss Comignaghi had ownership of the gap ahead of her prior to Mr Muniandy shifting out into her line and as a result had to check and steady her mount. We therefore find that Mr Muniandy was not the required clearance as required by the rules and find that he had ridden carelessly.

Decision:

The charge was found to be proved.

Submission For Penalty:

Mr Williamson stated that Mr Muniandy’s record showed 3 suspensions being 18 November 2017 at Riccarton where he received an 11 day suspension in a Group 1 race and a 7- day and 9-day suspension on 15 December 2017. Mr Williamson submitted that due to the 10-month period since Mr Muniandy’s last suspension, that his record be considered as neutral. Mr Williamson submitted that the breach was low level with a starting point of 6 National days be considered in penalty deliberations.

Mr Muniandy made no submissions in regard to penalty. Mr Muniandy also stated that he wished to start any suspension as soon as possible, after the continuation of today’s meeting on Tuesday 9 October 2018.

Reasons For Penalty:

The JCA Penalty Guide provides a 6 National Day suspension for a low-level breach of this rule. We agree with Mr Williamson that this breach is low level and therefore adopt the 6-day starting point. Mr Muniandy’s record showing 3 suspensions 10 months prior and we were able to accept as a neutral factor. There were no aggravating factors to consider, therefore no uplift in penalty warranted. There were also no mitigating factors to consider, therefore no discount applicable.

We determined that a 6 National Day suspension was an appropriate penalty in this case.

Penalty:

We therefore determined that Mr Muniandy’s Class A license be suspended from the conclusion of racing on Tuesday 9 October up to and including racing on 17 October 2018.

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