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Whangarei RC 5 January 2019 - R 2 - Chair, Mr A Dooley

Created on 06 January 2019

Rules:
638(1)(d)
Committee:
ADooley (chair)
ASmith
Name(s):
Mr A Goindasamy - Apprentice Rider
Mr R Manning - Trainer assisting Mr Goindasamy
Mr A Coles - Stipendiary Steward
Informant
Mr M Williamson - Senior Stipendiary Steward
Information Number
A11080
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of race 2, Fell Engineering, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Mr Goindasamy allowed TAVLIN to shift in checking FRIDAY WOOLFE (M Cameron) who lost considerable ground near the 1300 metres.

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

Mr Goindasamy said that he understood the Rule and confirmed he admitted the breach.
Mr Manning assisted Mr Goindasamy at the hearing.

Mr Coles demonstrated the incident using the available video footage. He identified that passing the 1400 metres TAVLIN was racing 1 off the rails and to his inside was FRIDAY WOOLFE. He said the horses were racing on level terms when Mr Goindasamy angled TAVLIN inwards. As a result FRIDAY WOLFE was checked sharply losing considerable ground. He identified that when the incident occurred GINO SEVERINI (T Yanagadia) was racing 1 horse width wider on the track. He added in mitigation Mr Goindasamy’s colour cap came adrift just prior to the incident.

Mr Manning said although Mr Goindasamy admitted the breach the fact that his colour cap came off impacted on Mr Goindasamy’s vision. He said that is why Mr Goindasamy briefly took his hand of the reins. He was of the view the incident “looked worse” when GINO SEVERINI shifted in near the 1300 metres.

Mr Goindasamy told the Committee that he finished the race with his goggles in mouth as a result of his colour cap coming off.

Decision:

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

Submission For Penalty:

Mr Williamson produced Mr Goindasamy record which showed 4 previous breaches of this Rule within the last 12 months.

16/5/2018 – 16 days – high end – (2nd race day ride)

27/10/2018 – 6 days – low to midrange

31/10/2018 – 5 days – low range

19/12/2018 – 7 days low to midrange

Mr Williamson said that Mr Goindasamy has had 120 rides in the last 12 months and therefore had limited experience. He said that Mr Goindasamy did have some trouble with his goggles and there was some contribution from Mr Yanagida. However, he said Mr Goindasamy has a duty of care to fellow riders. He conceded there were some mitigating factors and described the level of carelessness as midrange. He submitted a penalty in line with that would be appropriate.

Mr Goindasamy advised that he had engagements on 9 January and any proposed suspension could start after that date.

Mr Manning had nothing to add.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

When reviewing the video films the Committee found that near the 1300 metres Mr Goindasamy allowed TAVLIN to shift in 1 horse width when racing on level terms with FRIDAY WOOLFE. It was evident that as a result of Mr Goindasamy’s inward shift FRIDAY WOOLFE became awkwardly placed and brushed the running rail and that runner was unbalanced for some distance. It was clear the interference initially cost FRIDAY WOOLFE at least five lengths. Following the interference FRIDAY WOOLFE failed to hit out freely and finished a long last.

We established that when TAVLIN shifted in and caused the interference to FRIDAY WOOLFE, GINO SEVERINI was applying no pressure to TAVLIN. The films showed that there was daylight between the 2 horses and GINO SEVERINI shifted in 1 horse width after the interference occurred.

The Committee observed that Mr Goindasamy’s left hand was raised to his skull cap shortly after his colour cap came adrift passing the 1400 metres. As a result it appeared that TAVLIN shifted in one horse width when Mr Goindasamy briefly took his left hand of the reins to probably adjust his goggles. However, even allowing for the unusual circumstances the responsibility still lies with Mr Goindasamy to exercise a duty of care when shifting ground.

The Committee deemed the level of carelessness displayed by Mr Goindasamy was midrange.

The JCA Penalty Guide starting point for midrange carelessness is 8 national riding days which was adopted.

Mr Goindasamy’s record was deemed to be poor with today being his 5th breach from 120 rides in the last 12 months. We did consider applying a 2 day uplift for the poor record but reduced this to 1 given the unusual circumstances listed above and his inexperience as an Apprentice Rider.

The mitigating factor was Mr Goindasamy’s admission of the breach. For this he was afforded a 1 day reduction in penalty.

After taking into account all the above factors the Committee considered that an appropriate suspension was 8 national riding days.

Penalty:

The Committee grants a deferment to Mr Goindasamy’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Goindasamy had his license to ride in races suspended for a period to commence after racing on 9 January and conclude after racing on 19 January 2019.

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