Archive Decision

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Southland RC 16 February 2019 – R 1 – Chair, Mr T Utikere

ID: JCA12337

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr D Prastiyou - Licensed Rider

Other Person:
Mr J McLaughlin - Stipendiary Steward

Information Number:
A9071

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Southland RC - 16 February 2019

Meet Chair:
TUtikere

Meet Committee Member 1:
MConway

Race Date:
2019/02/16

Race Number:
R1

Decision:

As the charge was admitted, the Committee deemed the charge proved.

Penalty:

Mr Prastiyou’s Licence is suspended from the conclusion of racing on Sunday 17 February until the conclusion of racing on Sunday 24 February 2019.

Facts:

Following the running of Race 1 (SOUTHERN INSULATION MAIDEN 1200m), Information A9071 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Licensed Rider Mr D Prastiyou. The Information alleged that: ”D Prastiyou (PESHAWAR) permitted his mount to shift inwards passing the 300m when not clear of SHOCK AND AWE (T Moseley) which was checked”.

Rule 638(1)(d) states:

A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.” 

Mr Prastiyou confirmed to the committee that he understood Rule 638(1)(d), and that he admitted the breach.

Using the available back straight and side-on films, Mr McLaughlin identified Mr Prastiyou when approaching the 300 metres to move outwards before directing his mount back inwards and checking SHOCK AND AWE (T Moseley), which was located to his inside. Mr Mclaughlin said that the films had demonstrated that he had ended right up on Mr Moseley’s hind quarters, and that he was approximately a bare length to ¾ length clear at that time.

When invited to comment on the incident, using the back straight film, Mr Prastiyou said he was still clear until he had brushed Mr Turner’s horse (MUSTARD). At that point PESHAWAR had shifted in and blundered as a result of the brush; he said that the horse had also done this at its last start. Mr Prastiyou maintained that while he had kept control, the brush with MUSTARD and subsequent reaction of his horse moving inwards, related to his horse’s racing manners.

Submissions for Penalty:

Mr Davidson advised that Mr Prastiyou had a clean record under this rule and had recently returned to riding in the South Island after previously riding up north. He said that he was a well-sought after rider who was getting plenty of rides. Stewards placed the carelessness at the low-end as while Mr Moseley had received a nasty check, there was still an obligation for Mr Prastiyou to steer his mount. While Mr Prastiyou had steered his mount inwards to avoid trouble, there was still an obligation on him, in doing so, to not pass the trouble on to others.

Mr Prastiyou advised that any period of suspension could commence as soon as possible, and he had nothing further to add. 

Reasons for Penalty:

The Committee considered all of the submissions placed before it. It is clear from the films that approaching the 300m, Mr Prastiyou’s horse made an inwards move closer to the rail. This had resulted in an abrupt check to SHOCK AND AWE to his inside. While it appeared that Mr Prastiyou did attempt to take some action as part of the inwards movement, he was not the required distance clear. As such, we have independently assessed the carelessness on his part to fall at the low end and as identified in the JCA Penalty Guidelines adopt a six day period of suspension. In mitigation we consider his early admission of the breach and his good record under the rule. The end result will be a five day period of suspension.

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: 4fc3e25d72fb88e6538067f52a042d9e


informantnumber: A9071


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 18/02/2019


hearing_title: Southland RC 16 February 2019 - R 1 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 1 (SOUTHERN INSULATION MAIDEN 1200m), Information A9071 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Licensed Rider Mr D Prastiyou. The Information alleged that: ”D Prastiyou (PESHAWAR) permitted his mount to shift inwards passing the 300m when not clear of SHOCK AND AWE (T Moseley) which was checked”.

Rule 638(1)(d) states:

A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.” 

Mr Prastiyou confirmed to the committee that he understood Rule 638(1)(d), and that he admitted the breach.

Using the available back straight and side-on films, Mr McLaughlin identified Mr Prastiyou when approaching the 300 metres to move outwards before directing his mount back inwards and checking SHOCK AND AWE (T Moseley), which was located to his inside. Mr Mclaughlin said that the films had demonstrated that he had ended right up on Mr Moseley’s hind quarters, and that he was approximately a bare length to ¾ length clear at that time.

When invited to comment on the incident, using the back straight film, Mr Prastiyou said he was still clear until he had brushed Mr Turner’s horse (MUSTARD). At that point PESHAWAR had shifted in and blundered as a result of the brush; he said that the horse had also done this at its last start. Mr Prastiyou maintained that while he had kept control, the brush with MUSTARD and subsequent reaction of his horse moving inwards, related to his horse’s racing manners.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the Committee deemed the charge proved.


sumissionsforpenalty:

Mr Davidson advised that Mr Prastiyou had a clean record under this rule and had recently returned to riding in the South Island after previously riding up north. He said that he was a well-sought after rider who was getting plenty of rides. Stewards placed the carelessness at the low-end as while Mr Moseley had received a nasty check, there was still an obligation for Mr Prastiyou to steer his mount. While Mr Prastiyou had steered his mount inwards to avoid trouble, there was still an obligation on him, in doing so, to not pass the trouble on to others.

Mr Prastiyou advised that any period of suspension could commence as soon as possible, and he had nothing further to add. 


reasonsforpenalty:

The Committee considered all of the submissions placed before it. It is clear from the films that approaching the 300m, Mr Prastiyou’s horse made an inwards move closer to the rail. This had resulted in an abrupt check to SHOCK AND AWE to his inside. While it appeared that Mr Prastiyou did attempt to take some action as part of the inwards movement, he was not the required distance clear. As such, we have independently assessed the carelessness on his part to fall at the low end and as identified in the JCA Penalty Guidelines adopt a six day period of suspension. In mitigation we consider his early admission of the breach and his good record under the rule. The end result will be a five day period of suspension.


penalty:

Mr Prastiyou’s Licence is suspended from the conclusion of racing on Sunday 17 February until the conclusion of racing on Sunday 24 February 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr D Prastiyou - Licensed Rider


Otherperson: Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: ac0022cb50764f2e05b0c43b9ce5517b


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: a1aeafd5af8ac9bf4e17b389152b4210


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 16/02/2019


meet_title: Southland RC - 16 February 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: southland-rc


meet_racingtype: thoroughbred-racing


meet_chair: TUtikere


meet_pm1: MConway


meet_pm2: none


name: Southland RC