Archive Decision

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Gore RC 1 November 2018 – R 8 – Chair, Prof G Hall

ID: JCA12992

Applicant:
Mr J McLaughlin - Stipendiary Steward

Respondent(s):
Mr K Mudhoo - Class B Rider

Other Person:
Mr D Walsh, Apprentice Jockey Mentor, assisting Mr Mudhoo

Information Number:
A5735

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Gore RC - 1 November 2018

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2018/11/01

Race Number:
R 8

Decision:

As Mr Mudhoo has admitted the breach, we find the breach proved.

Penalty:

Mr Mudhoo is suspended from riding from the conclusion of the meeting on 6 November up to and including 15 November 2018 (7 days).

Facts:

Mr McLaughlin alleged that Mr Mudhoo permitted his mount KAURI COVE to shift outwards in race 8, the AB LIME/TED WINSLOE MEMORIAL HANDICAP RATING 65 2000 metres, dictating MRS GEE EYE (Mr Campbell) wider on the track over the concluding stages.

Mr McLaughlin demonstrated that KAURI COVE was under a ride in the home straight. The horse started to drift out and at no stage did the respondent endeavour to straighten his horse. Mr Mudhoo continued to ride KAURI COVE out to the line. KAURI COVE came into contact on three occasions with MRS GEE EYE and as a consequence there had been a protest by the Stipendiary Stewards and a relegation.

Mr McLaughlin emphasised that the respondent knew he was shifting ground but at no time had he attempted to straighten his horse.

Mr Mudhoo said his horse had been lugging out from the 600 metres mark. He was aware he was shifting ground, and that was why he had stopped using his stick. When questioned by this Committee, he said he had a chance to win and that was why he had not straightened his horse.

Mr Walsh said it was obvious from the videos that Mr Mudhoo had continued to ride his horse out hands and heels without easing up and straightening his mount. He believed the fact that KAURI COVE was a green horse had contributed to the incident. He believed Mr Mudhoo had realised KAURI COVE had a chance to win the race and had got “carried away.”

Submissions for Penalty:

Mr McLaughlin produced the respondent’s record, which evidenced 6 breaches of this rule in the past year. The first was on 7 November 2017 and the last on 31 March 2018. Mr McLaughlin described the breach as low range and, having regard to Mr Mudhoo’s record, said a suspension of 7 or 8 days was appropriate.

Mr Mudhoo accepted Mr McLaughlin’s submission. He requested a deferment until after the Otago meeting on 6 November. Mr McLaughlin said he had no objection to this.

Mr Walsh said Mr McLaughlin’s analysis was fair and that the breach should not result in a lengthy suspension.

Reasons for Penalty:

Mr Mudhoo has allowed his horse drift out in the home straight. The movement is substantial. Mr McLaughlin has estimated it is some 6 horse widths, and we agree that this is the case. At no time has Mr Mudhoo stopped riding. There has been a relegation as a result of Mr Mudhoo’s actions.

We view the breach as being at the top end of the low range. Our starting point is one of 7 days. This is the respondent’s sixth breach of this rule since the guidelines came into force. Mr Mudhoo is a busy South Island apprentice and, while he has a number of previous breaches, he has had 7 months without a breach. Factoring this in to our calculation, we increase the starting point by only one day for record. We give a one-day discount for admission of the breach and the respondent’s status as a still relatively inexperienced apprentice rider.

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: 729cf591c4cd73fb189067697c3283ee


informantnumber: A5735


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 06/11/2018


hearing_title: Gore RC 1 November 2018 - R 8 - Chair, Prof G Hall


charge:


facts:

Mr McLaughlin alleged that Mr Mudhoo permitted his mount KAURI COVE to shift outwards in race 8, the AB LIME/TED WINSLOE MEMORIAL HANDICAP RATING 65 2000 metres, dictating MRS GEE EYE (Mr Campbell) wider on the track over the concluding stages.

Mr McLaughlin demonstrated that KAURI COVE was under a ride in the home straight. The horse started to drift out and at no stage did the respondent endeavour to straighten his horse. Mr Mudhoo continued to ride KAURI COVE out to the line. KAURI COVE came into contact on three occasions with MRS GEE EYE and as a consequence there had been a protest by the Stipendiary Stewards and a relegation.

Mr McLaughlin emphasised that the respondent knew he was shifting ground but at no time had he attempted to straighten his horse.

Mr Mudhoo said his horse had been lugging out from the 600 metres mark. He was aware he was shifting ground, and that was why he had stopped using his stick. When questioned by this Committee, he said he had a chance to win and that was why he had not straightened his horse.

Mr Walsh said it was obvious from the videos that Mr Mudhoo had continued to ride his horse out hands and heels without easing up and straightening his mount. He believed the fact that KAURI COVE was a green horse had contributed to the incident. He believed Mr Mudhoo had realised KAURI COVE had a chance to win the race and had got “carried away.”


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Mudhoo has admitted the breach, we find the breach proved.


sumissionsforpenalty:

Mr McLaughlin produced the respondent’s record, which evidenced 6 breaches of this rule in the past year. The first was on 7 November 2017 and the last on 31 March 2018. Mr McLaughlin described the breach as low range and, having regard to Mr Mudhoo’s record, said a suspension of 7 or 8 days was appropriate.

Mr Mudhoo accepted Mr McLaughlin’s submission. He requested a deferment until after the Otago meeting on 6 November. Mr McLaughlin said he had no objection to this.

Mr Walsh said Mr McLaughlin’s analysis was fair and that the breach should not result in a lengthy suspension.


reasonsforpenalty:

Mr Mudhoo has allowed his horse drift out in the home straight. The movement is substantial. Mr McLaughlin has estimated it is some 6 horse widths, and we agree that this is the case. At no time has Mr Mudhoo stopped riding. There has been a relegation as a result of Mr Mudhoo’s actions.

We view the breach as being at the top end of the low range. Our starting point is one of 7 days. This is the respondent’s sixth breach of this rule since the guidelines came into force. Mr Mudhoo is a busy South Island apprentice and, while he has a number of previous breaches, he has had 7 months without a breach. Factoring this in to our calculation, we increase the starting point by only one day for record. We give a one-day discount for admission of the breach and the respondent’s status as a still relatively inexperienced apprentice rider.


penalty:

Mr Mudhoo is suspended from riding from the conclusion of the meeting on 6 November up to and including 15 November 2018 (7 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J McLaughlin - Stipendiary Steward


JockeysandTrainer: Mr K Mudhoo - Class B Rider


Otherperson: Mr D Walsh, Apprentice Jockey Mentor, assisting Mr Mudhoo


PersonPresent:


Respondent:


StipendSteward:


raceid: 8cb30df08816013a6325f86fcd8b0821


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ad6063975449c9d81b980a480082a793


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/11/2018


meet_title: Gore RC - 1 November 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Gore RC