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Non Raceday Inquiry RIU v M Singh - Written Decision dated 17 May 2021 - Chair, Mr N McCutcheon

Created on 31 December 2020

BEFORE A JUDICIAL COMMITTEE OF THE JUDICIAL CONTROL AUTHORITY UNDER THE RACING ACT 2003

AND IN THE MATTER of the New Zealand Rules of Thoroughbred Racing

BETWEEN Mr N Goodwin of The Racing Integrity Unit (RIU)

Informant

AND Mr M Singh, Class A Jockey

Respondent

Information No: A14557

Charge: Admitted

Judicial Committee: Mr N McCutcheon (Chairman)

Mr B Mainwaring (Member)

Present: Mr M Singh, Respondent

Mr F Auret, assisting Mr Singh

Mr K Asano- Rider of JACKAROO

Venue: Wanganui Racecourse

Date of Oral Decision: 13 May 2021

Date of Written Decision: 17 May 2021

DECISION OF JUDICIAL COMMITTEE

This Charge was held over from 9 May 2021 and heard at Wanganui on 13 May 2021.

The Committee was in receipt of confirmation from the RIU Manager that the charge could proceed.

Evidence:

Information A14557 was filed with the Judicial Committee. It was alleged by the Informant that Mr M Singh the Rider of ROC LEGEND allowed his mount to shift inwards in the home straight when not clear of JACKAROO (K Asano) which clipped a heel of that runner and fell.

Mr Singh said that he understood the Rule, Charge and confirmed that he admitted the breach.

The films were shown, and Mr Goodwin said that Mr Singh was pushing along and riding with vigour, drew the whip and shifted in. He said JACKAROO clipped a heel of Mr Singh’s mount and fell. He said, points in favour of Mr Singh, were that prior to the fall JACKAROO had drifted out under pressure, straightened up, and then shifted out again across heels. Mr Goodwin said that Mr Singh was the major player but that JACKAROO did shift out.

Mr Goodwin said that when questioned Mr Asano said that his horse was tired and did shift out.

Mr Singh for his part said that JACKAROO kept drifting out and that it (the fall) would not have happened if it had not shifted out.

Mr Auret said that Mr Singh definitely shifted in and JACKAROO clipped heels. He said that JACKAROO was on the wrong leg and wobbled. He said that it only straightened up when alongside ROC LEGEND and that there was no effort by Mr Asano to straighten. He added that JACKAROO was a tired horse and that a stiff breeze would have knocked it over.

Decision:

As the charge was admitted it was deemed proved by the Committee.

Penalty Submissions:

Mr Goodwin said that since 2016 Mr Singh had been suspended 7 times for careless riding, with only two warnings since February of this year. He added that the starting point for a fall was a suspension of 4 weeks. He said that in his opinion there was a mitigating factor in that JACKAROO did shift out.

Mr Singh said that any suspension imposed could start immediately.

Mr Auret asked the Committee to consider the shift by JACKAROO.

Reasons for Penalty:

The Committee took into consideration all of the submissions plus the film evidence. We found that early in the run home ROC LEGEND when being ridden out with vigour, shifted in when not 2 lengths clear of JACKAROO and as a consequence of the shift clipped a heel and fell. JACKAROO did shift a little but it was clear to the Committee that the reason for the fall was ROC LEGEND’S inward shift.

The JCA starting point for causing a fall is a term of suspension of 4 weeks. Taking into account the mitigating features viz: contribution, record and admission of the breach, the Committee determined that a suspension of 3.5 weeks was a condign sanction.

Penalty:

Mr Singh’s Jockey Licence was suspended from 13 May through to the conclusion of Racing on 7 June 2021 (16 National Days). Matamata on 14 May was not included as declaration of Riders had closed.

N McCutcheon

Chair

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