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Riccarton Park-Cantebury JC 24 April 2020 -R 5 - Chair, Mr D Anderson

Created on 25 April 2021

Rules:
638(3)(b)(ii)
Committee:
DAnderson (chair)
OJarvis
Name(s):
Mr K Chowdhoory - Apprentice Jockey
Mr M Pitman - assisting Mr Chowdhoory
Mr A Coles - Stipendiary Steward
Mr D Wadley - Stipendiary Steward
Informant
Mr M Davidson - Stipendiary Steward
Information Number
A14072
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Following the running of Race 5, an Information was filed by Stipendiary Steward, Mr M Davidson against Apprentice Jockey, Mr K Chowdhoory, alleging a breach of Rule 638(3)(b)(ii) “You struck your mount excessively prior to the 100 metres”.

Mr Chowdhoory acknowledged that he understood the Rule and confirmed his admission of the breach.

Mr Chowdhoory was assisted at the hearing by his employer, Mr M Pitman.

Rule 638(3)(b)(ii) reads as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive

Mr Davidson demonstrated the incident using the available video footage. He identified Mr Chowdhoory, the widest runner in the home straight, and showed that he struck his mount 8 times prior to the 100 metres.

Mr Chowdhoory and Mr Pitman had nothing to add to Mr Davidson’s assessment of the breach.

Decision:

As Mr Chowdhoory had admitted the charge, it was deemed to be proved.

Submission For Penalty:

Mr Davidson stated that Mr Chowdhoory had one previous breach under the Rule in the last 6 months being at Riverton on the 5th April where he was fined $300.

He said the JCA Penalty Guide indicated a fine of $500 for a second breach of this Rule and saw no aggravating factors to deviate from it.

Mr Pitman, on behalf of Mr Chowdhoory, made submissions in relation to the imposition of a fine on apprentice riders. Mr Pitman raised the issue that Apprentice Riders, unlike open riders, receive half of the riding fee and percentage and accordingly this factor should be taken into account when imposing a fine. Mr Pitman commented on the current guidelines and urged that consideration be given to the fact that Apprentice Jockeys have a lesser earning capacity.

Reasons For Penalty:

The Committee carefully considered all the evidence and submissions presented.

Whilst the Committee is of the view that there is some merit in Mr Pitman’s submission on behalf of apprentice jockeys, the Penalty Guide is clear and this Committee see no exceptional circumstances to alter the level of fine to be imposed.

Penalty:

Accordingly, Mr Chowdhoory is fined $500.

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