Canterbury R – Hororata 22 March 2014 – R 1
ID: JCA15173
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 22 March 2014
Meet Chair:
KHales
Meet Committee Member 1:
SChing
Race Date:
2014/03/22
Race Number:
R1
Decision:
The charge is found proved accordingly.
Penalty:
Mr Muniandy is suspended for three race riding days commencing at the conclusion of racing on Monday 23rd March 2014 and concluding at the end of racing on Thursday 10th April 2014. That period of suspension for Mr Muniandy will encompass meetings at Invercargill on 29th March, Canterbury Jockey Club on 5th April and Dunedin on 10th April 2014.
Facts:
It was alleged by the Stipendiary Stewards that Licensed Jockey S Muniandy, in Race 1, "The Bullerites & Pirates Island Mini Golf Maiden" allowed his mount Unicorn Power which was hanging, to shift in when not sufficiently clear of Merci Cherie and Miss Alice both of which were crowded and had to be checked passing the 1000 metres.
Mr Zarb told the hearing that the Stipendiary Stewards would be relying on the video coverage of the incident and would also call two jockeys to give oral evidence.
The video evidence from the head on and side on camera views showed that there were four horses racing in close proximity as the field approached the 1000 metres mark. Ms Morgan on Maria Santos was four wide, Mr Muniandy on Unicorn Power was three wide, Ms Vanessa Johnston on Merci Cherie was two wide and CW Johnson on Miss Alice was on the rails. The head of Mr Muniandy's mount was "hanging out" and he was endeavouring to straighten it on to a true running line. He succeeded but having done so his mount shifted inwards and the video coverage showed Merci Cherie and Miss Alice being "checked" by their riders. It was observed that Mr Muniandy looked back just prior to the incident occurring.
Ms Amanda Morgan, Apprentice Jockey, told the hearing that she was racing on the outside of Mr Muniandy at the relevant time. Whilst she was in close proximity but clear of him, she said that her horse did not put any pressure on Mr Muniandy's mount. Mr Muniandy did not have any questions of Ms Morgan.
Ms Vanessa Johnston was called to give evidence. She said that she received interference from Mr Muniandy. Mr Muniandy put it to her that she was not "checked" in the manner that had been described. She responded by saying that just prior to the incident, the horse were touching and that when Mr Muniandy straightened that she had to take a hold and that her horse clipped the heels of Unicorn Power. She further said that if Mr Muniandy had waited for two or three strides after straightening that the incident would not have occurred as by that time Mr Muniandy would have been sufficiently clear.
Submissions for Decision:
In summary, Mr Muniandy said that he did not believe that he rode carelessly as the horse was hanging and that all he did was to straighten it. He did not believe that either rider was inconvenienced in the manner described.
In summary Mr Zarb said that all Mr Muniandy had to do was to wait for a couple of strides and he would then have been sufficiently clear of the other horses. Instead, he chose to shift inwards as soon as he straightened his mount. He further submitted that Mr Muniandy had a duty to stay on his running line and that to shift inwards only at a time when he was the required one length and another length clear of other horses.
Reasons for Decision:
Near the 1000 metres mark, four horses were racing in tight quarters. Maria Santos, was four wide, Unicorn Power was three wide, Merci Cherie was two wide and Miss Alice was on the rails. The head of Unicorn Power was hanging out and Mr Muniandy was doing his very best to straighten it on to a true line. At this time the two horses to his inside were tight for racing room.
Mr Muniandy managed to get his horse's head straight but in the process, he shifted ground inwards to such a degree, as to cause Ms Vanessa Johnston to check her mount which in turn caused crowding to Miss Alice. Ms Johnston clipped the heels of Mr Muniandy's mount in the process.
This committee's view of the matter is that once Mr Muniandy managed to get on to a straight line of running that he had a duty to stay on that line before shifting inwards. We note from the video that Mr Muniandy looked back just prior to straightening and therefore he must have been aware of the proximity of the horses behind him. We note that Ms Johnston alleged that her horse clipped the heels of Unicorn Power and that in itself is a clear indicator of just how close Mr Muniandy was when he shifted inwards.
That was an error of judgement on Mr Muniandy's part and satisfies us that the charge has been proved to our satisfaction.
Submissions for Penalty:
Mr Zarb submitted that the degree of carelessness was in the low to mid range of careless riding. He advised the hearing that Mr Muniandy had been charged on 13th October 2013 and 1st January 2014, and was suspended for three race days on each occasion. Mr Zarb submitted that a suspension of three or four days was called for in this instance.
Mr Muniandy advised that he is a busy South Island rider and rides at nearly every South Island meeting. He did not wish to make application for a deferment of the coming into effect of the penalty.
Reasons for Penalty:
The starting point for careless riding is a suspension of five race riding days. Against that we must take into account mitigating and aggravating features.
It is an aggravating feature that this is the third occasion in the last six months that Mr Muniandy has been charged with careless riding. However, he is a busy South Island rider and the Stipendiary Stewards have acknowledged that the degree of carelessness was low to mid range. According we do not impose an uplift on the starting point.
Mr Muniandy was having a difficult ride. His horse's head was hanging out and he was exercising all of his skills as a jockey to put his horse on to a true running line. He then at a critical time made an error of judgement and other riders were inconvenienced. We note that one of the horses affected, Miss Alice, went on to win the race so clearly it was not affected by the interference it received. The degree of interference was low to mid range. Thus we allow these matters as mitigating factors and afford Mr Muniandy a two day discount on the starting point.
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: 7229e48f90650bd4518fbe44fe025ac2
informantnumber: A6227
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 21/03/2014
hearing_title: Canterbury R - Hororata 22 March 2014 - R 1
charge:
facts:
It was alleged by the Stipendiary Stewards that Licensed Jockey S Muniandy, in Race 1, "The Bullerites & Pirates Island Mini Golf Maiden" allowed his mount Unicorn Power which was hanging, to shift in when not sufficiently clear of Merci Cherie and Miss Alice both of which were crowded and had to be checked passing the 1000 metres.
Mr Zarb told the hearing that the Stipendiary Stewards would be relying on the video coverage of the incident and would also call two jockeys to give oral evidence.
The video evidence from the head on and side on camera views showed that there were four horses racing in close proximity as the field approached the 1000 metres mark. Ms Morgan on Maria Santos was four wide, Mr Muniandy on Unicorn Power was three wide, Ms Vanessa Johnston on Merci Cherie was two wide and CW Johnson on Miss Alice was on the rails. The head of Mr Muniandy's mount was "hanging out" and he was endeavouring to straighten it on to a true running line. He succeeded but having done so his mount shifted inwards and the video coverage showed Merci Cherie and Miss Alice being "checked" by their riders. It was observed that Mr Muniandy looked back just prior to the incident occurring.
Ms Amanda Morgan, Apprentice Jockey, told the hearing that she was racing on the outside of Mr Muniandy at the relevant time. Whilst she was in close proximity but clear of him, she said that her horse did not put any pressure on Mr Muniandy's mount. Mr Muniandy did not have any questions of Ms Morgan.
Ms Vanessa Johnston was called to give evidence. She said that she received interference from Mr Muniandy. Mr Muniandy put it to her that she was not "checked" in the manner that had been described. She responded by saying that just prior to the incident, the horse were touching and that when Mr Muniandy straightened that she had to take a hold and that her horse clipped the heels of Unicorn Power. She further said that if Mr Muniandy had waited for two or three strides after straightening that the incident would not have occurred as by that time Mr Muniandy would have been sufficiently clear.
appealdecision:
isappeal:
submissionsfordecision:
In summary, Mr Muniandy said that he did not believe that he rode carelessly as the horse was hanging and that all he did was to straighten it. He did not believe that either rider was inconvenienced in the manner described.
In summary Mr Zarb said that all Mr Muniandy had to do was to wait for a couple of strides and he would then have been sufficiently clear of the other horses. Instead, he chose to shift inwards as soon as he straightened his mount. He further submitted that Mr Muniandy had a duty to stay on his running line and that to shift inwards only at a time when he was the required one length and another length clear of other horses.
reasonsfordecision:
Near the 1000 metres mark, four horses were racing in tight quarters. Maria Santos, was four wide, Unicorn Power was three wide, Merci Cherie was two wide and Miss Alice was on the rails. The head of Unicorn Power was hanging out and Mr Muniandy was doing his very best to straighten it on to a true line. At this time the two horses to his inside were tight for racing room.
Mr Muniandy managed to get his horse's head straight but in the process, he shifted ground inwards to such a degree, as to cause Ms Vanessa Johnston to check her mount which in turn caused crowding to Miss Alice. Ms Johnston clipped the heels of Mr Muniandy's mount in the process.
This committee's view of the matter is that once Mr Muniandy managed to get on to a straight line of running that he had a duty to stay on that line before shifting inwards. We note from the video that Mr Muniandy looked back just prior to straightening and therefore he must have been aware of the proximity of the horses behind him. We note that Ms Johnston alleged that her horse clipped the heels of Unicorn Power and that in itself is a clear indicator of just how close Mr Muniandy was when he shifted inwards.
That was an error of judgement on Mr Muniandy's part and satisfies us that the charge has been proved to our satisfaction.
Decision:
The charge is found proved accordingly.
sumissionsforpenalty:
Mr Zarb submitted that the degree of carelessness was in the low to mid range of careless riding. He advised the hearing that Mr Muniandy had been charged on 13th October 2013 and 1st January 2014, and was suspended for three race days on each occasion. Mr Zarb submitted that a suspension of three or four days was called for in this instance.
Mr Muniandy advised that he is a busy South Island rider and rides at nearly every South Island meeting. He did not wish to make application for a deferment of the coming into effect of the penalty.
reasonsforpenalty:
The starting point for careless riding is a suspension of five race riding days. Against that we must take into account mitigating and aggravating features.
It is an aggravating feature that this is the third occasion in the last six months that Mr Muniandy has been charged with careless riding. However, he is a busy South Island rider and the Stipendiary Stewards have acknowledged that the degree of carelessness was low to mid range. According we do not impose an uplift on the starting point.
Mr Muniandy was having a difficult ride. His horse's head was hanging out and he was exercising all of his skills as a jockey to put his horse on to a true running line. He then at a critical time made an error of judgement and other riders were inconvenienced. We note that one of the horses affected, Miss Alice, went on to win the race so clearly it was not affected by the interference it received. The degree of interference was low to mid range. Thus we allow these matters as mitigating factors and afford Mr Muniandy a two day discount on the starting point.
penalty:
Mr Muniandy is suspended for three race riding days commencing at the conclusion of racing on Monday 23rd March 2014 and concluding at the end of racing on Thursday 10th April 2014. That period of suspension for Mr Muniandy will encompass meetings at Invercargill on 29th March, Canterbury Jockey Club on 5th April and Dunedin on 10th April 2014.
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: M Zarb - Stipendiary Steward
JockeysandTrainer: Mr S Muniandy - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: f0bc9039a412395a927d0ac9e02cac01
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: 00ff09a729969679e11ddbdec4d410dd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/03/2014
meet_title: Canterbury Racing - 22 March 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: SChing
meet_pm2: none
name: Canterbury Racing