Canterbury JC 11 November 2015 – R 8 – Chair, Mr KG Hales
ID: JCA12201
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 11 November 2015
Meet Chair:
KHales
Meet Committee Member 1:
SChing
Meet Committee Member 2:
RMcKenzie
Race Date:
2015/11/11
Race Number:
R8
Decision:
The charge is found to be proved.
Penalty:
Mr Muniandy's application for a deferment is granted.
Mr Muniandy is suspended for two South Island race days as from the conclusion of racing on Saturday 14th November 2015. That period of suspension will encompass meetings on 19th November 2015 (Gore) and 27th November 2015 (Winton).
Facts:
As a result of Licensed Jockey Shankar Muniandy's actions with approximately 200 metres to run in the "Amicus Insurance Brokers Premier", he was charged with careless riding, pursuant to Rule 638(1)(d) of the Rules of Racing. Mr Muniandy denied the charge.
Stipendiary Steward J Oatham presented the case on behalf of the Informant.
Mr Oatham requested Co-Chief Stipendiary Steward R Neal to demonstrate the incident from several camera angles. He pointed out how Mr Muniandy (McMAY) was taking a run near to the rails, with J Parkes' mount directly in front of him. He had MASTER CUBIT (Mrs T Thornton) on his outside. Mr Muniandy's mount was travelling quite well at the time, and in order to avoid the heels of Mr Parkes' mount, angled his mount onto MASTER CUBITT when not his own length and another length clear. The result of this action was that MASTER CUBITT was restrained by its rider, Mrs Thornton, and moved outwards, with some contact being made with Ms Rebecca Black's mount, (LADY PLATINUM). Mr Muniandy then continued on the running line that Mrs Thornton had been on.
Mr Muniandy by way of cross examination of Mr Neal questioned the so-called "check" that Mrs Thornton was alleged to have suffered, saying that she merely restrained her mount. Mr Neal's response that whilst it may not have been a significant "check" made by Mrs Thornton, that in the circumstances, there was not a great deal of difference. In any event, he said that Mr Muniandy took Mrs Thornton's running line when Mr Muniandy was not his own length and another length clear. Mrs Thornton had to "check" in order to avoid the heels of the horse in front of her.
Mr Oatham called Mrs Thornton to give evidence. She said that by the 200 metres point from the post, her horse was "battling" but as a consequence of Mr Muniandy's actions, she had to check her mount, nevertheless. She confirmed that Mr Muniandy, at all material times was to her inside, and took her running line. Mrs Thornton said that Mr Muniandy was barely half a length clear when he angled out.
Mr Muniandy put it to her that she did not have to "check" very much. Mrs Thornton agreed.
In his evidence, Mr Muniandy said that he was of the view that he did not ride carelessly. He emphasised that in his opinion, Mrs Thornton only had to "restrain" her mount, rather than "checking" it. He had to get off the heels of Mr Parkes, who was in front of him. Mr Ching, (Panellist) asked Mr Muniandy at this point as to why, in the course of the incident, it was necessary for Mrs Thornton to angle her mount's head out. Mr Muniandy said that maybe her horse was "shying" out. Mr McKenzie (Panellist) asked Mr Muniandy to point out the line he was on. Mr Muniandy responded by saying that he did not take a line that was not available to him. He maintained that he did not take Mrs Thornton's line. Mr McKenzie also reminded Mr Muniandy of the need to be his own length and another length clear when conducting a passing movement.
Submissions for Decision:
In summary, Mr Oatham submitted that video coverage and Mrs Thornton's evidence was very clear. He said that Mr Muniandy angled out into Mrs Thornton's line and in the process Mrs Thornton moved out and made contact with LADY PLATINUM. Mrs Thornton had to check her mount in order to avoid the heels of the horse in front of her. Mr Muniandy challenged this allegation. Mr Oatham pointed out that it was not open to Mr Muniandy to cause interference in the manner that he did.
Mr Muniandy had no further submissions to make.
Reasons for Decision:
After carefully considering the video coverage and the oral evidence, this committee is quite satisfied that Mr Muniandy rode carelessly. He shifted ground outwards on to MASTER CUBITT when not his own length and another clear. In fact, as Mrs Thornton said, (and the video coverage seems to confirm this), that he was barely half a length clear and in fact angled his horse outwards, taking the running line of MASTER CUBITT. In the process, Mrs Thornton had to check her mount in order to avoid the heels of the horse in front of her. She made contact with LADY PLATINUM and thus the safety of both riders was compromised. From this committee's perspective, it does not matter whether MASTER CUBITT was just "battling" or on the improve. A rider simply cannot take the running line of another by causing interference in the manner that Mr Muniandy did.
Submissions for Penalty:
Mr Oatham told the hearing that Mr Muniandy has a good record. He has not been charged with a breach of this rule in the last 12 months. Mr Oatham was also prepared to accept that in the Stipendiary Stewards' opinion, that the degree of carelessness was towards the lower end of the scale. By way of penalty, he submitted that a three day suspension would be appropriate.
Mr Muniandy said that he is struggling to get rides at present, and that a three day suspension would have a significant financial impact on him, and also having an impact on his ability to keep his weight in check. He applied for a deferment of any suspension imposed as from the conclusion of racing on Saturday 14th November 2015 . He confirmed to the hearing that he is a South Island rider only.
Reasons for Penalty:
The Judicial Control Authority's Penalty Guide provides a starting point for a suspension of three days for South Island riders, which this committee adopts as its starting point. Against that, we must consider aggravating and mitigating factors.
In terms of aggravating features, there are some, in that not only was Mrs Thornton affected but Ms Black was also affected by the contact that Mrs Thornton made with her as a consequence of Mr Muniandy's actions. However, having considered that carefully, we do not consider that this would warrant an uplift on our starting point.
By way of mitigation, we will accept that perhaps the degree of interference was towards the lower end of the scale, but of greater impact in terms of mitigation, is Mr Muniandy's excellent record over the last twelve months. We also accept Mr Muniandy's submission with regard to the impact of a three day suspension on him. For these reasons, we allow Mr Muniandy a discount of one day on our starting point.
JCA Decision Fields (raw)
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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: 3f1356455223b107c6e75cca0e2ff16b
informantnumber: A3511
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 12/11/2015
hearing_title: Canterbury JC 11 November 2015 - R 8 - Chair, Mr KG Hales
charge:
facts:
As a result of Licensed Jockey Shankar Muniandy's actions with approximately 200 metres to run in the "Amicus Insurance Brokers Premier", he was charged with careless riding, pursuant to Rule 638(1)(d) of the Rules of Racing. Mr Muniandy denied the charge.
Stipendiary Steward J Oatham presented the case on behalf of the Informant.
Mr Oatham requested Co-Chief Stipendiary Steward R Neal to demonstrate the incident from several camera angles. He pointed out how Mr Muniandy (McMAY) was taking a run near to the rails, with J Parkes' mount directly in front of him. He had MASTER CUBIT (Mrs T Thornton) on his outside. Mr Muniandy's mount was travelling quite well at the time, and in order to avoid the heels of Mr Parkes' mount, angled his mount onto MASTER CUBITT when not his own length and another length clear. The result of this action was that MASTER CUBITT was restrained by its rider, Mrs Thornton, and moved outwards, with some contact being made with Ms Rebecca Black's mount, (LADY PLATINUM). Mr Muniandy then continued on the running line that Mrs Thornton had been on.
Mr Muniandy by way of cross examination of Mr Neal questioned the so-called "check" that Mrs Thornton was alleged to have suffered, saying that she merely restrained her mount. Mr Neal's response that whilst it may not have been a significant "check" made by Mrs Thornton, that in the circumstances, there was not a great deal of difference. In any event, he said that Mr Muniandy took Mrs Thornton's running line when Mr Muniandy was not his own length and another length clear. Mrs Thornton had to "check" in order to avoid the heels of the horse in front of her.
Mr Oatham called Mrs Thornton to give evidence. She said that by the 200 metres point from the post, her horse was "battling" but as a consequence of Mr Muniandy's actions, she had to check her mount, nevertheless. She confirmed that Mr Muniandy, at all material times was to her inside, and took her running line. Mrs Thornton said that Mr Muniandy was barely half a length clear when he angled out.
Mr Muniandy put it to her that she did not have to "check" very much. Mrs Thornton agreed.
In his evidence, Mr Muniandy said that he was of the view that he did not ride carelessly. He emphasised that in his opinion, Mrs Thornton only had to "restrain" her mount, rather than "checking" it. He had to get off the heels of Mr Parkes, who was in front of him. Mr Ching, (Panellist) asked Mr Muniandy at this point as to why, in the course of the incident, it was necessary for Mrs Thornton to angle her mount's head out. Mr Muniandy said that maybe her horse was "shying" out. Mr McKenzie (Panellist) asked Mr Muniandy to point out the line he was on. Mr Muniandy responded by saying that he did not take a line that was not available to him. He maintained that he did not take Mrs Thornton's line. Mr McKenzie also reminded Mr Muniandy of the need to be his own length and another length clear when conducting a passing movement.
appealdecision:
isappeal:
submissionsfordecision:
In summary, Mr Oatham submitted that video coverage and Mrs Thornton's evidence was very clear. He said that Mr Muniandy angled out into Mrs Thornton's line and in the process Mrs Thornton moved out and made contact with LADY PLATINUM. Mrs Thornton had to check her mount in order to avoid the heels of the horse in front of her. Mr Muniandy challenged this allegation. Mr Oatham pointed out that it was not open to Mr Muniandy to cause interference in the manner that he did.
Mr Muniandy had no further submissions to make.
reasonsfordecision:
After carefully considering the video coverage and the oral evidence, this committee is quite satisfied that Mr Muniandy rode carelessly. He shifted ground outwards on to MASTER CUBITT when not his own length and another clear. In fact, as Mrs Thornton said, (and the video coverage seems to confirm this), that he was barely half a length clear and in fact angled his horse outwards, taking the running line of MASTER CUBITT. In the process, Mrs Thornton had to check her mount in order to avoid the heels of the horse in front of her. She made contact with LADY PLATINUM and thus the safety of both riders was compromised. From this committee's perspective, it does not matter whether MASTER CUBITT was just "battling" or on the improve. A rider simply cannot take the running line of another by causing interference in the manner that Mr Muniandy did.
Decision:
The charge is found to be proved.
sumissionsforpenalty:
Mr Oatham told the hearing that Mr Muniandy has a good record. He has not been charged with a breach of this rule in the last 12 months. Mr Oatham was also prepared to accept that in the Stipendiary Stewards' opinion, that the degree of carelessness was towards the lower end of the scale. By way of penalty, he submitted that a three day suspension would be appropriate.
Mr Muniandy said that he is struggling to get rides at present, and that a three day suspension would have a significant financial impact on him, and also having an impact on his ability to keep his weight in check. He applied for a deferment of any suspension imposed as from the conclusion of racing on Saturday 14th November 2015 . He confirmed to the hearing that he is a South Island rider only.
reasonsforpenalty:
The Judicial Control Authority's Penalty Guide provides a starting point for a suspension of three days for South Island riders, which this committee adopts as its starting point. Against that, we must consider aggravating and mitigating factors.
In terms of aggravating features, there are some, in that not only was Mrs Thornton affected but Ms Black was also affected by the contact that Mrs Thornton made with her as a consequence of Mr Muniandy's actions. However, having considered that carefully, we do not consider that this would warrant an uplift on our starting point.
By way of mitigation, we will accept that perhaps the degree of interference was towards the lower end of the scale, but of greater impact in terms of mitigation, is Mr Muniandy's excellent record over the last twelve months. We also accept Mr Muniandy's submission with regard to the impact of a three day suspension on him. For these reasons, we allow Mr Muniandy a discount of one day on our starting point.
penalty:
Mr Muniandy's application for a deferment is granted.
Mr Muniandy is suspended for two South Island race days as from the conclusion of racing on Saturday 14th November 2015. That period of suspension will encompass meetings on 19th November 2015 (Gore) and 27th November 2015 (Winton).
hearing_type: Hearing
Rules: Rule 638(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be, (d) careless
Informant: J Oatham Stipendiary Steward
JockeysandTrainer: Mr S Muniandy - Licensed Jockey
Otherperson: Mr R Neal - Co-Chief Stipendiary Steward, Mrs T Thornton - Rider of MASTER CUBITT
PersonPresent:
Respondent:
StipendSteward:
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race_title: R8
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meetdate: 11/11/2015
meet_title: Canterbury Racing - 11 November 2015
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name: Canterbury Racing