Canterbury JC 10 February 2018 – R 4 – Chair, Mr S Ching
ID: JCA13846
Code:
Thoroughbred
Meet Title:
Canterbury JC - 10 February 2018
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2018/02/10
Race Number:
R 4
Decision:
As Mr Gundowry had admitted the breach, the charge was found proved.
Penalty:
Mr Gundowry’s request for a deferment until after 15 February was granted with his Class A Jockeys licence suspended from the conclusion of racing 15 February up to and including 1 March 2018.
Facts:
Following the running of Race 4, the Teltrac Communications Rating 75, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr K Gundowry, alleging careless riding in that he allowed his mount NOWWHERE MAN to shift in hampering PRINCESS ATHENA then continued to shift in crowding HE’S OUR SECRET who had to check losing ground over the final 50m.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Gundowry had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Gundowry also agreed that he understood the charge and the Rule it was brought under.
Mr Davidson, with the assistance of Stipendiary Steward, Mr A Coles, gave evidence and used video coverage to show that nearing the 50m, NOWHERE MAN, ridden by Mr Gundowry, was racing towards the outside of the track with HEE’S OUR SECRET, ridden by Mr R Cuneen, ELFEE, ridden by Mr P Shaikh and PRINCESS ATHENA, ridden by Mr K Mudhoo racing on his inside. Mr Coles stated that the charge related to two incidents with PRINCESS ATHENA being the first affected and HEE’S OUR SECRET the second. He pointed out Mr Gundowry riding his horse out with the whip and shifting ground inwards near the 50m and as a result forced HEE’S A SECRET to shift in onto ELFEE who in turn shifted in on PRINCESS ATHENA who had to check. Mr Coles said that Mr Gundowry stopped using the whip at that point and attempted to straighten his mount momentarily but NOWHERE MAN continued to shift inwards and just prior to the post shifted into the rightful line of HEE’S OUR SECRET who had to check. Mr Davidson submitted that in the Stewards' opinion the breach was mid-range.
Mr Gundowry elected to make no submissions in regard to the incident.
Submissions for Penalty:
Mr Davidson stated that Mr Gundowry’s penalty record showed 2 breaches of this rule in the previous months being at Riccarton on 15 November 2017 where he was suspended for 7 National days and a further 9 National day suspension at Riccarton on 8 December. He stated that the breach was mid-range and with the JCA Penalty Guide providing an 8 National day starting point for a mid-range breach, an uplift in penalty should be considered due to Mr Gun dowry’s penalty record.
Deferment was discussed with Mr Gundowry who requested a deferment until after Riccarton on 15 February as he had commitments at that meeting.
Reasons for Penalty:
The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee, agreed with the Stewards and assessed this breach as mid-range, determining that a 8-day starting point was appropriate. The only aggravating factor was Mr Gundowry’s record which showed 2 breaches of this rule within the past 3 months. This factor we determined warranted an uplift in penalty which we set at 3 days. We were however able to afford Mr Gundowry a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 10 National-day suspension was an appropriate penalty in this case.
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: 769f5b437bd96a35920506de5d4c080e
informantnumber: A7719
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 12/02/2018
hearing_title: Canterbury JC 10 February 2018 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the Teltrac Communications Rating 75, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr K Gundowry, alleging careless riding in that he allowed his mount NOWWHERE MAN to shift in hampering PRINCESS ATHENA then continued to shift in crowding HE’S OUR SECRET who had to check losing ground over the final 50m.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Gundowry had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Gundowry also agreed that he understood the charge and the Rule it was brought under.
Mr Davidson, with the assistance of Stipendiary Steward, Mr A Coles, gave evidence and used video coverage to show that nearing the 50m, NOWHERE MAN, ridden by Mr Gundowry, was racing towards the outside of the track with HEE’S OUR SECRET, ridden by Mr R Cuneen, ELFEE, ridden by Mr P Shaikh and PRINCESS ATHENA, ridden by Mr K Mudhoo racing on his inside. Mr Coles stated that the charge related to two incidents with PRINCESS ATHENA being the first affected and HEE’S OUR SECRET the second. He pointed out Mr Gundowry riding his horse out with the whip and shifting ground inwards near the 50m and as a result forced HEE’S A SECRET to shift in onto ELFEE who in turn shifted in on PRINCESS ATHENA who had to check. Mr Coles said that Mr Gundowry stopped using the whip at that point and attempted to straighten his mount momentarily but NOWHERE MAN continued to shift inwards and just prior to the post shifted into the rightful line of HEE’S OUR SECRET who had to check. Mr Davidson submitted that in the Stewards' opinion the breach was mid-range.
Mr Gundowry elected to make no submissions in regard to the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Gundowry had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Davidson stated that Mr Gundowry’s penalty record showed 2 breaches of this rule in the previous months being at Riccarton on 15 November 2017 where he was suspended for 7 National days and a further 9 National day suspension at Riccarton on 8 December. He stated that the breach was mid-range and with the JCA Penalty Guide providing an 8 National day starting point for a mid-range breach, an uplift in penalty should be considered due to Mr Gun dowry’s penalty record.
Deferment was discussed with Mr Gundowry who requested a deferment until after Riccarton on 15 February as he had commitments at that meeting.
reasonsforpenalty:
The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee, agreed with the Stewards and assessed this breach as mid-range, determining that a 8-day starting point was appropriate. The only aggravating factor was Mr Gundowry’s record which showed 2 breaches of this rule within the past 3 months. This factor we determined warranted an uplift in penalty which we set at 3 days. We were however able to afford Mr Gundowry a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 10 National-day suspension was an appropriate penalty in this case.
penalty:
Mr Gundowry’s request for a deferment until after 15 February was granted with his Class A Jockeys licence suspended from the conclusion of racing 15 February up to and including 1 March 2018.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr K Gundowry - Class A Rider
Otherperson: Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 03c0ff92e3c7f577df3e5478d3cc6ba2
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3ccde34677dca99a66ff36085ddaf6e4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/02/2018
meet_title: Canterbury JC - 10 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury JC