Archive Decision

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R Tauranga 22 June 2019 – R 2 – Chair, Mr A Dooley

ID: JCA10638

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Mr A Goindasamy - Apprentice Rider

Other Person:
Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward

Information Number:
A11312

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Tauranga - 22 June 2019

Meet Chair:
ADooley

Meet Committee Member 1:
BScott

Race Date:
2019/06/22

Race Number:
R2

Decision:

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

Penalty:

The Committee granted 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 29 June and conclude after racing on 18 July 2019.

The race meeting scheduled for Te Aroha on 7 July was not included in the penalty because the day is programmed for Jump / Highweight and Amateur riders only.

Facts:

Following the running of race 2, Seeka Aongateete Maiden, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Goindasamy permitted his mount OUT OF THE PARK to shift in near the 1300 metres when insufficiently clear of POWALIGN 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.

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

Mr Harris assisted Mr Goindasamy at the hearing.

Mr Jones demonstrated the incident using the available video footage. He identified that near the 1300 metres Mr Goindasamy angled OUT OF THE PARK inwards abruptly and on a sharp angle. He said as a result OUT OF THE PARK moved into the running line of POWALIGN when only a bare length of that runner which was checked. He added that Mr Goindasamy permitted OUT OF THE PARK to shift in 4 to 5 horse widths.

Mr Goindasamy said that he looked to his inside when shifting inwards and he thought that POWALIGN was going to hand up its leading position.

Mr Harris said that Mr Goindasamy misjudged his inward manoeuvre.

Submissions for Penalty:

Mr Oatham produced Mr Goindasamy's record which showed 5 previous breaches of this Rule in the last 12 months.

27/10/2018 – 6 days

31/10/2018 – 5 days

19/12/2018 – 7 days

5/1/2019 -8 days

13/2/ 2019 – 10 days

Mr Oatham said that Mr Goindasamy has had some success and he was a relatively inexperienced rider. He advised that Mr Goindasamy has had 293 career rides and 289 of them have been in the last 12 months. He stated that Mr Goindasamy’s record looked bad but he had some sympathy for young riders because they are still learning their trade. He noted that in recent times Mr Goindasamy’s record has improved under Mr Harris’ guidance. Mr Oatham assessed the level of carelessness to be just below midrange and a suspension in line with that would be appropriate.

Mr Goindasamy requested a 7 day deferment to his proposed suspension so he can fulfil his engagements on 29 June at Ruakaka.

Mr Harris said he agreed with Mr Oatham’s submissions.

Reasons for Penalty:

The Committee considered all the evidence and submissions presented.

When reviewing the video films the Committee found that Mr Goindasamy looked to his inside on 8 occasions when he allowed OUT OF THE PARK to shift inwards. OUT OF THE PARK was only 1 length clear of POWALIGN when crossing that runner near the 1300 metres. As a result the rider of POWALIGN had to check her mount which lost 2 lengths. The Committee deemed the level of carelessness displayed by Mr Goindasamy was in the low to midrange.

The JCA Penalty Guide starting point for low to midrange carelessness is 7 national riding days which we adopted.

We accept that Mr Goindasamy has not breached the careless riding Rule in the last 4 months. However, Mr Goindasamy’s record was deemed to be poor with today being his 6th breach in the last 12 months. This aggravating factor warranted a 2 day uplift in penalty. In our view Mr Goindasamy is not an inexperienced apprentice rider given that he has had 289 rides in the last 12 months.

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.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 056e705d131347423d629e3b44cdab65


informantnumber: A11312


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 24/06/2019


hearing_title: R Tauranga 22 June 2019 - R 2 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 2, Seeka Aongateete Maiden, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Oatham, alleged that Mr Goindasamy permitted his mount OUT OF THE PARK to shift in near the 1300 metres when insufficiently clear of POWALIGN 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.

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

Mr Harris assisted Mr Goindasamy at the hearing.

Mr Jones demonstrated the incident using the available video footage. He identified that near the 1300 metres Mr Goindasamy angled OUT OF THE PARK inwards abruptly and on a sharp angle. He said as a result OUT OF THE PARK moved into the running line of POWALIGN when only a bare length of that runner which was checked. He added that Mr Goindasamy permitted OUT OF THE PARK to shift in 4 to 5 horse widths.

Mr Goindasamy said that he looked to his inside when shifting inwards and he thought that POWALIGN was going to hand up its leading position.

Mr Harris said that Mr Goindasamy misjudged his inward manoeuvre.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Oatham produced Mr Goindasamy's record which showed 5 previous breaches of this Rule in the last 12 months.

27/10/2018 – 6 days

31/10/2018 – 5 days

19/12/2018 – 7 days

5/1/2019 -8 days

13/2/ 2019 – 10 days

Mr Oatham said that Mr Goindasamy has had some success and he was a relatively inexperienced rider. He advised that Mr Goindasamy has had 293 career rides and 289 of them have been in the last 12 months. He stated that Mr Goindasamy’s record looked bad but he had some sympathy for young riders because they are still learning their trade. He noted that in recent times Mr Goindasamy’s record has improved under Mr Harris’ guidance. Mr Oatham assessed the level of carelessness to be just below midrange and a suspension in line with that would be appropriate.

Mr Goindasamy requested a 7 day deferment to his proposed suspension so he can fulfil his engagements on 29 June at Ruakaka.

Mr Harris said he agreed with Mr Oatham’s submissions.


reasonsforpenalty:

The Committee considered all the evidence and submissions presented.

When reviewing the video films the Committee found that Mr Goindasamy looked to his inside on 8 occasions when he allowed OUT OF THE PARK to shift inwards. OUT OF THE PARK was only 1 length clear of POWALIGN when crossing that runner near the 1300 metres. As a result the rider of POWALIGN had to check her mount which lost 2 lengths. The Committee deemed the level of carelessness displayed by Mr Goindasamy was in the low to midrange.

The JCA Penalty Guide starting point for low to midrange carelessness is 7 national riding days which we adopted.

We accept that Mr Goindasamy has not breached the careless riding Rule in the last 4 months. However, Mr Goindasamy’s record was deemed to be poor with today being his 6th breach in the last 12 months. This aggravating factor warranted a 2 day uplift in penalty. In our view Mr Goindasamy is not an inexperienced apprentice rider given that he has had 289 rides in the last 12 months.

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 granted 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 29 June and conclude after racing on 18 July 2019.

The race meeting scheduled for Te Aroha on 7 July was not included in the penalty because the day is programmed for Jump / Highweight and Amateur riders only.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr A Goindasamy - Apprentice Rider


Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 659b9a2d56915cc57ae82c90f3a48b81


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 319adea731e8bd3a6669256d29a19608


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 22/06/2019


meet_title: Racing Tauranga - 22 June 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-tauranga


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: BScott


meet_pm2: none


name: Racing Tauranga