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Kumara RC 9 January 2021 - R 9 - Chair, Mr R McKenzie

Created on 11 January 2021

Rules:
638(1)(d)
Committee:
RMcKenzie (chair)
Name(s):
K Chowdhoory
Licensed Apprentice Jockey (Class B)
M M Pitman
Licensed Trainer (Class A)
Informant
J P Oatham
Chief Stipendiary Steward
Information Number
A11965
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 9, Speight’s/Super Liquor 1810m, an Information was filed by Chief Stipendiary Steward, Mr J P Oatham, against Licensed Apprentice Jockey (Class B), Mr K Chowdhoory, alleging that Mr Chowdhoory, as the Rider of CANOLI in the race, “allowed his mount to shift out making contact with MCGOWAN (B M Murray) who was forced over extra ground passing the 150 metres”.

Mr Mudhoo had signed the Statement by the Respondent on the Information form indicating that he admitted the breach and he confirmed this at the hearing, at which he was present. He was assisted at the hearing by Licensed Trainer (Class A), Mr M M Pitman.

Rule 638 provides as follows:

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

    (d) careless

The head-on and side-on video replays of the final 200 metres of the race had been viewed at length during the earlier protest hearing.

Mr Oatham referred again to the videos and alleged that Mr Chowdhoory had moved out approximately 4-5 horse widths between the home turn and the 100 metres, with very little remedial action taken. He continued to ride forward after one point of contact, and a second, and it was not until after the third slight point of contact that he actually straightens his mount. At no point did Mr Chowdhoory stop riding and pull his mount off to prevent the interference, Mr Oatham said.

Mr Pitman said that Mr Chowdhoory’s mount had struggled round the final bend and he had tried to steer and correct it. He had been focussed on winning the race and had taken a while to do this, when his mount started hanging out in the run home. Mr Chowdhoory knows what he had done wrong and has admitted the breach, Mr Pitman said.

Decision:

Mr Chowdhoory having admitted the breach, the charge was found proved.

Submission For Penalty:

Mr Oatham said that Mr Chowdhoory has four breaches of the careless riding rule in the last 12 months. One of those was on 14 January 2020 at Greymouth and, therefore, was about to “drop off” Mr Chowdhoory’s record. On 21 March 2020 at Riccarton, he was suspended for 7 days for a low-mid breach, at Ashburton on 18 September 2020 (low-mid range, 5 days) and on 26 December 2020 at Otago (4 days and $500 fine, low range). Mr Chowdhoory’s record is becoming of some concern, Mr Oatham said.

The present breach is somewhere in the mid-range, Mr Oatham said. It involved quite a shift. Stewards were submitting that a 6-days starting point was appropriate, plus a fine, in terms of the new Guidelines.

After a consideration of upcoming meetings, Mr Chowdhoory elected not to seek a deferment of suspension. Mr Oatham accepted that the meeting of Gore RC on 23 January was a “reasonably significant raceday” and invited the Committee to take this into account, together with Mr Chowdhoory’s admission of the breach. Stewards would accept an increased fine, he said.

Reasons For Penalty:

The Committee, in determining penalty, took the starting point for a mid-range breach of a 5-days suspension. Mr Chowdhoory’s record is not a good one and, for this factor, the Committee applied a 1-day uplift and an increased fine of $750. For his admission of the breach, Mr Chowdhoory is afforded a discount of 1 day from the uplifted period of suspension. Mr Chowdhoory’s poor record is to be further reflected in the increased fine - $750 uplifted from the Penalty Guide starting point of $500.

The Committee records that Mr Chowdhoory’s record would, in suspension terms, have warranted an uplift to 7 days. However, it was noted that a 6-days suspension would have encompassed 3 South Island riding days, including the Gore feature meeting referred to, which includes a $50,000 Listed Race and two other feature races for stakes of $32,500 each. To have included that meeting in the term of Mr Chowdhoory’s suspension would have rendered the penalty out of proportion to the seriousness of the breach, in the Committee’s view.

Penalty:

Mr Chowdhoory’s Apprentice Jockey’s Licence (Class B) is suspended for a period commencing after the close of racing on 9 January 2021 up to and including 21 January 2021 - 5 national riding days.

In addition, Mr Chowdhoory is fined the sum of $750.

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