Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Banks Peninsula RC 4 November 2018 – R 6 – Chair, Mr R McKenzie

ID: JCA13168

Applicant:
J M McLaughlin, Stipendiary Steward

Respondent(s):
K Chowdhoory, Licensed Apprentice Jockey (Class B)

Other Person:
M M Pitman, Licensed Trainer (Class A), D M Walsh, Apprentice Jockey Mentor, Mr D M Wadley - Stipendiary Steward

Information Number:
A5738

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Banks Peninsula RC - 4 November 2018

Meet Chair:
RMcKenzie

Meet Committee Member 1:
GClapp

Race Date:
2018/11/04

Race Number:
R6

Decision:

Mr Chowdhoory having admitted the breach, the charge was found proved.

Penalty:

Mr Chowdhoory’s application for a deferment of suspension is granted. His Apprentice Jockey’s Licence (Class B) is suspended for the period commencing from after the conclusion of racing on Saturday, 10 November 2018, up to and including Friday, 16 November 2018 – 5 national riding days.

Facts:

Following the running of Race 6, Mick & Melba Murfitt Memorial Rating 72, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr K Chowdhoory, alleging a breach of Rule 638 (1)(d) in that Mr Chowdhoory, as the rider of SAVASON, “allowed his mount to shift inwards at the 50 metre mark causing XCUSES XCUSES (R J Hannam) to be checked”.

Mr Chowdhoory had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he understood the Rule and the charge and that he admitted the charge. He was assisted at the hearing by Licensed Trainer (Class A), Mr M M Pitman.

Rule 638 provides as follows:

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

Mr McLaughlin had Mr D M Wadley, Stipendiary Steward, show video replays of the incident close to the finish of the race. Mr Wadley pointed out the relevant runners. SAVASON, ridden by Mr Chowdhoory, was running on behind the leaders inside the 100 metres. XCUSES XCUSES, ridden by Mr Hannam, which had led turning for home, was weakening on the fence.

Mr Chowdhoory improved to the outside of that runner and behind the leader, CZARISTA. Mr Wadley said that Mr Chowdhoory had then crossed over to his inside, when not sufficiently clear, and had checked Mr Hannam’s mount.

Mr Pitman submitted that Mr Chowdhoory has had very limited experience, having had only about 40 rides. Had he had more experience, he would have known to wait “that extra second”. His horse was travelling so well and was looking for a run inside the leader, he said. He had noticed that Mr Hannam’s mount was stopping and opted for a run between Mr Hannam’s mount and the leader to give his mount the best opportunity.

Mr D M Walsh, Apprentice Jockey Mentor, was given the opportunity to speak. He suggested that Mr Chowdhoory’s actions were typical of an inexperienced apprentice. He got overkeen to take the gap, but needed to wait for another stride or two. Sometimes you are going to be unlucky, he said. 

Submissions for Penalty:

Mr McLaughlin told the hearing that Mr Chowdhoory has one suspension for careless riding on his record, back in April at Avondale. That was a mid-range breach for which he received a 7 days suspension, Mr McLaughlin said. Stewards saw the present breach as being low-range, for which the Penalty Guide starting point is 6 days. Mr Chowdhoory should receive credit for his admission of the breach, he said.

The Committee asked Mr Chowdhoory whether he wished to seek a deferment of suspension. After a discussion with Mr Pitman and Mr Walsh, Mr Chowdhoory indicated that he sought a deferment to enable him to fulfil engagements at Riccarton on 10 November next.

Reasons for Penalty:

This is a low-end breach of the careless riding Rule. The starting point for penalty for a low-end breach is a 6 national riding days suspension and, the Committee believes, that is the appropriate starting point in this case.

Mr Chowdhoory is entitled to a discount from that starting point for his admission of the breach and we set that discount at 1 day. Mr Chowdhoory has only been riding since April of this year. We note that he incurred a suspension for careless riding very early in his riding career (Avondale on 25 April 2018) for a breach that was deemed to be mid-range and for which he received a 7 national riding days suspension. That was more than 6 months ago and this breach is Mr Chowdhoory’s first since that time, which is to his credit, so we have treated his record as being a neutral factor.

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: 4cb1f56200d5b096cfec5010b6f70fcf


informantnumber: A5738


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 06/11/2018


hearing_title: Banks Peninsula RC 4 November 2018 - R 6 - Chair, Mr R McKenzie


charge:


facts:

Following the running of Race 6, Mick & Melba Murfitt Memorial Rating 72, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Apprentice Jockey (Class B), Mr K Chowdhoory, alleging a breach of Rule 638 (1)(d) in that Mr Chowdhoory, as the rider of SAVASON, “allowed his mount to shift inwards at the 50 metre mark causing XCUSES XCUSES (R J Hannam) to be checked”.

Mr Chowdhoory had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He was present at the hearing of the information and he confirmed that he understood the Rule and the charge and that he admitted the charge. He was assisted at the hearing by Licensed Trainer (Class A), Mr M M Pitman.

Rule 638 provides as follows:

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

Mr McLaughlin had Mr D M Wadley, Stipendiary Steward, show video replays of the incident close to the finish of the race. Mr Wadley pointed out the relevant runners. SAVASON, ridden by Mr Chowdhoory, was running on behind the leaders inside the 100 metres. XCUSES XCUSES, ridden by Mr Hannam, which had led turning for home, was weakening on the fence.

Mr Chowdhoory improved to the outside of that runner and behind the leader, CZARISTA. Mr Wadley said that Mr Chowdhoory had then crossed over to his inside, when not sufficiently clear, and had checked Mr Hannam’s mount.

Mr Pitman submitted that Mr Chowdhoory has had very limited experience, having had only about 40 rides. Had he had more experience, he would have known to wait “that extra second”. His horse was travelling so well and was looking for a run inside the leader, he said. He had noticed that Mr Hannam’s mount was stopping and opted for a run between Mr Hannam’s mount and the leader to give his mount the best opportunity.

Mr D M Walsh, Apprentice Jockey Mentor, was given the opportunity to speak. He suggested that Mr Chowdhoory’s actions were typical of an inexperienced apprentice. He got overkeen to take the gap, but needed to wait for another stride or two. Sometimes you are going to be unlucky, he said. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Chowdhoory having admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr McLaughlin told the hearing that Mr Chowdhoory has one suspension for careless riding on his record, back in April at Avondale. That was a mid-range breach for which he received a 7 days suspension, Mr McLaughlin said. Stewards saw the present breach as being low-range, for which the Penalty Guide starting point is 6 days. Mr Chowdhoory should receive credit for his admission of the breach, he said.

The Committee asked Mr Chowdhoory whether he wished to seek a deferment of suspension. After a discussion with Mr Pitman and Mr Walsh, Mr Chowdhoory indicated that he sought a deferment to enable him to fulfil engagements at Riccarton on 10 November next.


reasonsforpenalty:

This is a low-end breach of the careless riding Rule. The starting point for penalty for a low-end breach is a 6 national riding days suspension and, the Committee believes, that is the appropriate starting point in this case.

Mr Chowdhoory is entitled to a discount from that starting point for his admission of the breach and we set that discount at 1 day. Mr Chowdhoory has only been riding since April of this year. We note that he incurred a suspension for careless riding very early in his riding career (Avondale on 25 April 2018) for a breach that was deemed to be mid-range and for which he received a 7 national riding days suspension. That was more than 6 months ago and this breach is Mr Chowdhoory’s first since that time, which is to his credit, so we have treated his record as being a neutral factor.


penalty:

Mr Chowdhoory’s application for a deferment of suspension is granted. His Apprentice Jockey’s Licence (Class B) is suspended for the period commencing from after the conclusion of racing on Saturday, 10 November 2018, up to and including Friday, 16 November 2018 – 5 national riding days.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: J M McLaughlin, Stipendiary Steward


JockeysandTrainer: K Chowdhoory, Licensed Apprentice Jockey (Class B)


Otherperson: M M Pitman, Licensed Trainer (Class A), D M Walsh, Apprentice Jockey Mentor, Mr D M Wadley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 354369a337d7394f7fc239a32bba027a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 2e56439a6735b40f5d75ea667e1ab7bb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/11/2018


meet_title: Banks Peninsula RC - 4 November 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-rc


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: GClapp


meet_pm2: none


name: Banks Peninsula RC