Archive Decision

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Otago RC 26 December 2016 – R 5 – Chair, Mr P Knowles

ID: JCA11261

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr K Mudhoo - Apprentice Jockey

Other Person:
Mr D Walsh - Apprentice Jockey Mentor assisting Mr Mudhoo, Mr J McLaughlin - Stipendiary Steward

Information Number:
A09719

Hearing Type:
Hearing

New Charge:
638(1)(d)

Rules:
Careless riding

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 26 December 2017

Meet Chair:
PKnowles

Meet Committee Member 1:
MConway

Race Date:
2017/12/26

Race Number:
R1

Decision:

Mr Mudhoo admitted the breach and it is found proved.

Penalty:

Mr Mudhoo is suspended for 8 National riding days from the completion of racing on the 28th December up to and including the 5th January 2018.

Facts:

Following the running of race 5 the Wingatui Function Centre 1400, an Information was lodged alleging that Mr K Mudhoo was in a breach of r 638(1)(d) “…that he permitted (Princess Athena) to shift inwards shortly after the start causing interference to The Lustre (J Lowry) and Why Me (P Shaikh), which blundered in tight quarters.”

Rule 638 (1) (d) reads:

A rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless.

Mr Mudhoo appeared at the hearing and admitted the charge. He was assisted by Mr Walsh.

Mr McLaughlin, with the assistance of the video replays, showed the relevant starting positions of each runner prior to the jump. "Princess Athena" was drawn 11, "The Lustre" 8 and "Why Me" 2. He stated soon after the jump Mr Mudhoo angled "Princess Athena" inwards forcing "The Lustre" onto "Why Me". "Why Me" was crowded for room and blundered losing ground. It was a sharp inwards movement and Mr Mudhoo was late to correct, causing interference.

Mr Walsh pointed out that while Mr Mudhoo had shifted inwards initially, it had been "The Lustre" who first made contact with "Why Me". Mr Mudhoo had allowed his mount to tighten both "The Lustre" and "Why Me" after that initial contact. While he admitted that Mr Mudhoo caused the latter interference he was not solely responsible for all of the incident.

Mr Davidson agreed with Mr Walsh but stated that while "The Lustre" had made the initial contact with "Why Me", Mr Lowry had made an attempt to straighten his mount and correct its inward movement. He said that was not the case for Mr Mudhoo.

Submissions for Penalty:

Mr Davidson submitted that this was Mr Mudhoo’s second careless riding charge inside six months. The previous charge was at Wingatui on November 7th, where he received 5 National Days. He said Mr Mudhoo’s record was fair and placed this incident in the mid-range. He was seeking a suspension starting point of 8 days.

Mr Mudhoo stated he had declared rides at Timaru on December 28th. He was not seeking a deferment and wanted any suspension to start after Timaru.

Mr Walsh stated a mitigating factor was that Mr Mudhoo was not solely responsible for the incident.

Reasons for Penalty:

Mr Mudhoo admitted a breach of careless riding. He has a record described as “fair” and a recent suspension of 5 Nation Days at Wingatui on November 7. Both parties accept that he was not solely responsible for the incident although his final inwards movement did cause a horse to blunder and lose ground.

We set a starting point of 8 days and given the submissions of both parties we do not see any need to increase that starting point. As this is Mr Mudhoo’s second careless riding breach in a short space of time we do not reduce the starting point of 8 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: 1a50bf90f06c7881ec9004d9fd053012


informantnumber: A09719


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 638(1)(d)


plea: admitted


penaltyrequired: 1


decisiondate: 29/12/2017


hearing_title: Otago RC 26 December 2016 - R 5 - Chair, Mr P Knowles


charge:


facts:

Following the running of race 5 the Wingatui Function Centre 1400, an Information was lodged alleging that Mr K Mudhoo was in a breach of r 638(1)(d) “…that he permitted (Princess Athena) to shift inwards shortly after the start causing interference to The Lustre (J Lowry) and Why Me (P Shaikh), which blundered in tight quarters.”

Rule 638 (1) (d) reads:

A rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless.

Mr Mudhoo appeared at the hearing and admitted the charge. He was assisted by Mr Walsh.

Mr McLaughlin, with the assistance of the video replays, showed the relevant starting positions of each runner prior to the jump. "Princess Athena" was drawn 11, "The Lustre" 8 and "Why Me" 2. He stated soon after the jump Mr Mudhoo angled "Princess Athena" inwards forcing "The Lustre" onto "Why Me". "Why Me" was crowded for room and blundered losing ground. It was a sharp inwards movement and Mr Mudhoo was late to correct, causing interference.

Mr Walsh pointed out that while Mr Mudhoo had shifted inwards initially, it had been "The Lustre" who first made contact with "Why Me". Mr Mudhoo had allowed his mount to tighten both "The Lustre" and "Why Me" after that initial contact. While he admitted that Mr Mudhoo caused the latter interference he was not solely responsible for all of the incident.

Mr Davidson agreed with Mr Walsh but stated that while "The Lustre" had made the initial contact with "Why Me", Mr Lowry had made an attempt to straighten his mount and correct its inward movement. He said that was not the case for Mr Mudhoo.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Mudhoo admitted the breach and it is found proved.


sumissionsforpenalty:

Mr Davidson submitted that this was Mr Mudhoo’s second careless riding charge inside six months. The previous charge was at Wingatui on November 7th, where he received 5 National Days. He said Mr Mudhoo’s record was fair and placed this incident in the mid-range. He was seeking a suspension starting point of 8 days.

Mr Mudhoo stated he had declared rides at Timaru on December 28th. He was not seeking a deferment and wanted any suspension to start after Timaru.

Mr Walsh stated a mitigating factor was that Mr Mudhoo was not solely responsible for the incident.


reasonsforpenalty:

Mr Mudhoo admitted a breach of careless riding. He has a record described as “fair” and a recent suspension of 5 Nation Days at Wingatui on November 7. Both parties accept that he was not solely responsible for the incident although his final inwards movement did cause a horse to blunder and lose ground.

We set a starting point of 8 days and given the submissions of both parties we do not see any need to increase that starting point. As this is Mr Mudhoo’s second careless riding breach in a short space of time we do not reduce the starting point of 8 days. 


penalty:

Mr Mudhoo is suspended for 8 National riding days from the completion of racing on the 28th December up to and including the 5th January 2018.


hearing_type: Hearing


Rules: Careless riding


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr K Mudhoo - Apprentice Jockey


Otherperson: Mr D Walsh - Apprentice Jockey Mentor assisting Mr Mudhoo, Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9c5ced5851fca95f7b31bbad79666a3b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 795a8a349eb1b23fb7eaa78583e309e6


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/12/2017


meet_title: Otago RC - 26 December 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: PKnowles


meet_pm1: MConway


meet_pm2: none


name: Otago RC