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Adjourned hearing Waipa RC 31 October 2018 - R 5 (heard 3 November 2018 at Tauranga) - Chair, Mr A Dooley



638(1)(d)

RACEDAY JUDICIAL COMMITTEE DECISION
Informant
: Mr M Williamson – Senior Stipendiary Steward
Respondent: Mr A Goindasamy – Apprentice Rider of POKER QUEEN
Information No: A11066
Meeting: Waipa Racing Club
Date: 31 October 2018 (heard 3 November 2018 at Tauranga)
Venue: Te Awamutu Racecourse
Race: 5
Rule: 638(1)(d)
Judicial Committee: Mr A Dooley, Chair - Mr A Godsalve, Committee Member
Also Present: Mr N Harris – Apprentice Jockey Mentor assisting Mr Goindasamy
Charge: Careless Riding
Plea: Admitted

Evidence
Following the running of race 5, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Mr Goindasamy allowed POKER QUEEN to shift in (near the 1100 metres) when not sufficiently clear of ON THE DOT (S Collett) which was checked.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

This Information was opened and adjourned on 31 October at Waipa RC because Mr Goindasamy was dislodged from his mount in race 7 and he was transported to hospital for further evaluation. The hearing took place at Tauranga races on 3 November.

Mr Goindasamy said that he understood the Rule and confirmed he admitted the breach.

Mr Harris assisted Mr Goindasamy at the hearing.

Submissions for Decision

Mr Williamson demonstrated the incident using the available video footage. He identified that passing the 1200 metres ON THE DOT was not racing kindly and it was proving a difficult ride for Ms Collett. He said shortly after that point Mr Goindasamy allowed his mount POKER QUEEN to shift in when only a bare length clear of ON THE DOT. He said although the inward shift was brief ON THE DOT was crowded and impeded. He added that Mr Goindasamy made an error of judgement.

Mr Goindasamy said he agreed with Mr Williamson’s interpretation of the incident and had nothing further to add.

Mr Harris said the inward shift by Mr Goindasamy was quick and he believed that ON THE DOT overreacted when crowded and checked.

Decision

As Mr Goindasamy admitted the breach the Committee found the charge proved.

Submissions for Penalty

Mr Williamson produced Mr Goindasamy record which showed 2 previous breaches under this Rule in the last 12 months. He confirmed that Mr Goindasamy was currently suspended from racing at Wellington on 27 October. He said Mr Goindasamy’s record was a neutral factor and he described the level of carelessness as low range. He submitted a suspension in line with that would be appropriate.

Mr Goindasamy confirmed that he was currently suspended up to and including 7 November.

Reasons for Penalty
The Committee carefully considered all the evidence and submissions presented.

The Committee found that Mr Goindasamy allowed his mount to shift near the 1100 metres when only 1 length clear of ON THE DOT. As a result that runner was crowded and checked. We observed that prior to the incident ON THE DOT was racing ungenerously and reacted poorly when restrained by its rider. The Committee deemed the level of carelessness was low range.

The JCA Penalty Guide starting point for low range carelessness is 6 days which was adopted.

There were no aggravating factors that warranted an uplift in penalty.

The mitigating factor was Mr Goindasamy admission the breach for which he was afforded a 1 day reduction in penalty.

Mr Goindasamy is a relatively inexperienced Apprentice Rider and his record was assessed as a neutral factor.
After taking into account all the above factors the Committee considered that an appropriate suspension was 5 national riding days.

Penalty
Mr Goindasamy is currently suspended from the close of racing on 31 October up to and including racing on 7 November 2018 as a result of a careless riding breach on 27 October 2018.

Accordingly, the Committee suspended Mr Goindasamy’s license to ride in races for the period to commence after racing on 7 November 2018 and conclude after racing on 14 November 2018.

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