Archive Decision

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Canterbury JC 24 October 2020 – R 10 – Chair, Mr S Ching

ID: JCA16074

Applicant:
Mr J Oatham - Chief Stipendiary Steward

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

Other Person:
Mr M Davidson - Stipendiary Steward

Information Number:
A12836

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury JC - 24 October 2020

Meet Chair:
SChing

Meet Committee Member 1:
OJarvis

Race Date:
2020/10/24

Race Number:
R10

Decision:

As Mr Mudhoo had admitted the breach, the charge was found proved.

Penalty:

Mr Mudhoo’s Class A Jockey licence is suspended from the conclusion of racing 26 October up to and including 4 November 2020.

Facts:

Following the running of Race 10, the NZB Ready to Run Sale Trainers Series R65, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr K Mudhoo, alleging careless riding in that he allowed his mount BELINDABELLA to shift out when not clear of VERMONT, ridden by Mr B Murray, who was checked approaching the 400m.

Rule 638(1)(d) reads as follows;
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”

Mr Mudhoo had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Mudhoo also acknowledged that he understood the charge and the Rule it was brought under.

Mr Oatham gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that approaching the 400m, BELINDABELLA, ridden by Mr Mudhoo, was racing mid field and two off the rail, with VERMONT, ridden by Mr Murray, positioned on the outside of Mr Mudhoo. Mr Davidson pointed out Mr Mudhoo shift outwards, when looking for clear running, and in doing so took the rightful line of Mr Murray, who had to check. He added that Mr Mudhoo was only ¾ of a length ahead of Mr Murray with this manoeuvre.

Mr Mudhoo stated that the incident was clear on the films and conceded that he had moved too quick which caused the incident.

Submissions for Penalty:

Mr Oatham stated that Mr Mudhoo’s record was clear since July 2019 and described his record as excellent. Mr Oatham stated that the breach was mid to low range and submitted a starting point of 7 to 8 days be considered. He submitted that after taking into consideration Mr Mudhoo’s excellent record and admission of the breach, a suspension of 6 days be considered. as penalty.

Mr Mudhoo did not make application for a deferment of penalty, opting to take any penalty as soon as possible.

Reasons for Penalty:

This Committee assessed the breach as low range with the consequences being in the low to mid-range. The JCA Penalty Guide provides a 6 National day starting point for a low-level breach of this rule. Adopting the 6 National Day starting point, we determined that there were no aggravating factors to consider, therefore no uplift in penalty warranted.
The mitigating factors are Mr Mudhoo’s frank admission of the breach and his excellent record which warranted a combined discount. This discount we set at 1 day. We therefore determined that a 5 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: b84a87bd6b61970107cb64d033e4688f


informantnumber: A12836


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 26/10/2020


hearing_title: Canterbury JC 24 October 2020 - R 10 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 10, the NZB Ready to Run Sale Trainers Series R65, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Rider, Mr K Mudhoo, alleging careless riding in that he allowed his mount BELINDABELLA to shift out when not clear of VERMONT, ridden by Mr B Murray, who was checked approaching the 400m.

Rule 638(1)(d) reads as follows;
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”

Mr Mudhoo had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Mudhoo also acknowledged that he understood the charge and the Rule it was brought under.

Mr Oatham gave evidence and used video coverage, with the assistance of Stipendiary Steward, Mr M Davidson, to show that approaching the 400m, BELINDABELLA, ridden by Mr Mudhoo, was racing mid field and two off the rail, with VERMONT, ridden by Mr Murray, positioned on the outside of Mr Mudhoo. Mr Davidson pointed out Mr Mudhoo shift outwards, when looking for clear running, and in doing so took the rightful line of Mr Murray, who had to check. He added that Mr Mudhoo was only ¾ of a length ahead of Mr Murray with this manoeuvre.

Mr Mudhoo stated that the incident was clear on the films and conceded that he had moved too quick which caused the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Mudhoo had admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Oatham stated that Mr Mudhoo’s record was clear since July 2019 and described his record as excellent. Mr Oatham stated that the breach was mid to low range and submitted a starting point of 7 to 8 days be considered. He submitted that after taking into consideration Mr Mudhoo’s excellent record and admission of the breach, a suspension of 6 days be considered. as penalty.

Mr Mudhoo did not make application for a deferment of penalty, opting to take any penalty as soon as possible.


reasonsforpenalty:

This Committee assessed the breach as low range with the consequences being in the low to mid-range. The JCA Penalty Guide provides a 6 National day starting point for a low-level breach of this rule. Adopting the 6 National Day starting point, we determined that there were no aggravating factors to consider, therefore no uplift in penalty warranted.
The mitigating factors are Mr Mudhoo’s frank admission of the breach and his excellent record which warranted a combined discount. This discount we set at 1 day. We therefore determined that a 5 National Day suspension was an appropriate penalty in this case.


penalty:

Mr Mudhoo’s Class A Jockey licence is suspended from the conclusion of racing 26 October up to and including 4 November 2020.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Mr K Mudhoo - Class A Rider


Otherperson: Mr M Davidson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 96bd8cb1fa8ff4fa65df118e1a99df96


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cafde3412d101a0a94fb19f63cd983b7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/10/2020


meet_title: Canterbury JC - 24 October 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: OJarvis


meet_pm2: none


name: Canterbury JC