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Winton JC 13 October 2013 - R 10

Created on 17 October 2013

Rules:
638(1)(d)
Committee:
NSkelt (chair)
GHall
Name(s):
Mr S Muniandy - Jockey of LA GIRL
Mr S Renault - Stipendiary Steward
Informant
Mr M Davidson - Stipendiary Steward
Information Number
A5787
Plea:
Admitted
Charge:

Following the running of race 10 The Ecolab/O’Mera Crutching Handicap information A5787 was filed by Stipendiary Steward Mr M Davidson under rule 638(1) (d). The information stated that near the 1100 metre mark Mr S Muniandy the rider of ‘LA GIRL’ allowed his mount to shift in when not clear of MAGIC EPIC (Mr D Bothamley) which in turn shifted in and crowded in NO MEAN FEAT (Miss T Direen), resulting in MAGIC EPIC and NO MEAN FEAT having to be checked.

Rule 638(1) (d) states ‘ A rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.'

Evidence:

Stipendiary Steward Mr Renault used the head on and side on films of the first 200 metres of the race. Mr Renault highlighted LA GIRL ridden by Mr Muniandy coming across from the barrier drawn draw of 10, into the leading position against the running rail at the 1100 metre mark. Mr Renault stated Mr Muniandy was not sufficiently clear of MAGIC EPIC, when crossing over and as a result Mr Bothamely had to take a hold of his horse, and in doing so checked NO MEAN FEAT ridden by Miss T Direen.

Mr Muniandy stated that he thought he was clear but he had made an error of judgement when crossing over from a wide barrier position.

Stipendiary Steward Mr Davidson stated that Mr Bothamley when questioned had said that he had intended to pull back and take a trailing position. Mr Davidson also stated that it was clear however, that Mr Muniandy's horse LA GIRL was not sufficiently clear when crossing over.

Decision:

As Mr Muniandy admitted the breach the charge was found proved.

Submission For Penalty:

Mr Davidson stated that Mr Muniandy was a successful Senior Jockey who had no previous breaches under this rule in the past twelve months, and that he had admitted the breach. Mr Davidson said he believed the breach was mid-range of carelessness, and that the Stewards submitted a two or three day suspension was an appropriate penalty.

Mr Muniandy stated that he was going through a personal tough time financially where recently he had been getting only two to three rides on a race day. On this occasion today however he had six race day rides.

Reasons For Penalty:

The Committee reviewed the films and was satisfied a clear breach of the rule had occurred. The head on film clearly shows the inwards movement of Mr Muniandy onto the running rail when not sufficiently clear of Mr Bothamley's horse MAGIC EPIC. The side on film also highlights the interference to NO MEAN FEAT ridden by Miss T Direen as a result of the check to MAGIC EPIC.

The committee was satisfied no other horse or rider contributed to the incident.

In fixing penalty we have taken into account Mr Muniandy's excellent riding record over the past 12 months and his ready admission of the breach. The aggravating factor that was considered by the committee was that the breach was mid-range and in our opinion very poor judgement on Mr Muniandy's behalf which ultimately affected two horses' chances, MAGIC EPIC and NO MEAN FEAT.

We did not take into account the comments made by Mr Davidson, regarding Mr Bothamley's comments of how he intended riding MAGIC EPIC as they had no influence on the interference caused by Mr Muniandy and LA GIRL.

Penalty:

Mr Muniandy is suspended for three riding days, from the close of racing on Sunday 13th October 2013 until the close of racing on Saturday 26th October 2013 (3 South Island riding days).

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