Riccarton Park-Cantebury JC 24 April 2020 -R 5 – Chair, Mr D Anderson
ID: JCA16347
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 24 April 2021
Meet Chair:
DAnderson
Meet Committee Member 1:
OJarvis
Race Date:
2021/04/24
Race Number:
R 5
Decision:
As Mr Chowdhoory had admitted the charge, it was deemed to be proved.
Penalty:
Accordingly, Mr Chowdhoory is fined $500.
Facts:
Following the running of Race 5, an Information was filed by Stipendiary Steward, Mr M Davidson against Apprentice Jockey, Mr K Chowdhoory, alleging a breach of Rule 638(3)(b)(ii) “You struck your mount excessively prior to the 100 metres”.
Mr Chowdhoory acknowledged that he understood the Rule and confirmed his admission of the breach.
Mr Chowdhoory was assisted at the hearing by his employer, Mr M Pitman.
Rule 638(3)(b)(ii) reads as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
Mr Davidson demonstrated the incident using the available video footage. He identified Mr Chowdhoory, the widest runner in the home straight, and showed that he struck his mount 8 times prior to the 100 metres.
Mr Chowdhoory and Mr Pitman had nothing to add to Mr Davidson’s assessment of the breach.
Submissions for Penalty:
Mr Davidson stated that Mr Chowdhoory had one previous breach under the Rule in the last 6 months being at Riverton on the 5th April where he was fined $300.
He said the JCA Penalty Guide indicated a fine of $500 for a second breach of this Rule and saw no aggravating factors to deviate from it.
Mr Pitman, on behalf of Mr Chowdhoory, made submissions in relation to the imposition of a fine on apprentice riders. Mr Pitman raised the issue that Apprentice Riders, unlike open riders, receive half of the riding fee and percentage and accordingly this factor should be taken into account when imposing a fine. Mr Pitman commented on the current guidelines and urged that consideration be given to the fact that Apprentice Jockeys have a lesser earning capacity.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
Whilst the Committee is of the view that there is some merit in Mr Pitman’s submission on behalf of apprentice jockeys, the Penalty Guide is clear and this Committee see no exceptional circumstances to alter the level of fine to be imposed.
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: a7f7cd1cfd5e3cd866698d8ebfab3444
informantnumber: A14072
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 25/04/2021
hearing_title: Riccarton Park-Cantebury JC 24 April 2020 -R 5 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 5, an Information was filed by Stipendiary Steward, Mr M Davidson against Apprentice Jockey, Mr K Chowdhoory, alleging a breach of Rule 638(3)(b)(ii) “You struck your mount excessively prior to the 100 metres”.
Mr Chowdhoory acknowledged that he understood the Rule and confirmed his admission of the breach.
Mr Chowdhoory was assisted at the hearing by his employer, Mr M Pitman.
Rule 638(3)(b)(ii) reads as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
Mr Davidson demonstrated the incident using the available video footage. He identified Mr Chowdhoory, the widest runner in the home straight, and showed that he struck his mount 8 times prior to the 100 metres.
Mr Chowdhoory and Mr Pitman had nothing to add to Mr Davidson’s assessment of the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chowdhoory had admitted the charge, it was deemed to be proved.
sumissionsforpenalty:
Mr Davidson stated that Mr Chowdhoory had one previous breach under the Rule in the last 6 months being at Riverton on the 5th April where he was fined $300.
He said the JCA Penalty Guide indicated a fine of $500 for a second breach of this Rule and saw no aggravating factors to deviate from it.
Mr Pitman, on behalf of Mr Chowdhoory, made submissions in relation to the imposition of a fine on apprentice riders. Mr Pitman raised the issue that Apprentice Riders, unlike open riders, receive half of the riding fee and percentage and accordingly this factor should be taken into account when imposing a fine. Mr Pitman commented on the current guidelines and urged that consideration be given to the fact that Apprentice Jockeys have a lesser earning capacity.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
Whilst the Committee is of the view that there is some merit in Mr Pitman’s submission on behalf of apprentice jockeys, the Penalty Guide is clear and this Committee see no exceptional circumstances to alter the level of fine to be imposed.
penalty:
Accordingly, Mr Chowdhoory is fined $500.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr K Chowdhoory - Apprentice Jockey
Otherperson: Mr M Pitman - assisting Mr Chowdhoory, Mr A Coles - Stipendiary Steward, Mr D Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: a6b47e00675648b4c5f75f0dbb7c9b62
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 70f6d2dafaae10455450efe95b79a768
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/04/2021
meet_title: Canterbury Racing - 24 April 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: DAnderson
meet_pm1: OJarvis
meet_pm2: none
name: Canterbury Racing