Canterbury R 9 November 2016 – R 5 – Chair, Mr S Ching
ID: JCA16499
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 9 November 2016
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2016/11/09
Race Number:
R5
Decision:
As Mr Muniandy had admitted the breach the charge was found proved.
Penalty:
We therefore determined that Mr Muniandy’s Class A Jockey’s licence be suspended from the conclusion of racing on Saturday 12 November 2016 until the conclusion of racing 27 November 2016 which encompasses the days racing at Riccarton on 12 November, Invercargill on 17 November on 17 November and Cromwell on 27 November 2016.
Facts:
Following the running of Race 5, the Valachi Downs Canterbury Breeders Stakes Group 3, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Licensed Jockey, Mr S Muniandy, the rider of GALLANT RUBY, alleging he allowed his mount to shift in when not clear of ZAH GIRL, ridden by Miss S Spratt, which was checked, losing ground.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Muniandy had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Muniandy also agreed 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 J McLaughlin, to show that shortly after the start GALLANT RUBY, ridden by Mr Muniandy, who had drawn 7 at the barrier was racing with ZAH GIRL, ridden by Ms S Spratt, who drew 6 at the barrier on his inner. Mr McLaughlin pointed out Mr Muniandy shifting inwards with Ms Spratt on his inner. He stated that Mr Muniandy kept coming across and eventually took the rightful line of ZAH GIRL who had to check. He stated that Mr Muniandy was only ¾ of a length in front of Ms Spratt and was clearly not his own length and another length clear as required by the rule.
Mr Muniandy conceded that he did move inwards when not clear but stated that his horse was awkward to ride with rings on and blinkers on which did not help the situation. He also said that LATIN ROSE, ridden by Mr M Cameron, came out from an inside run to a 1 off position which made the situation worse.
Submissions for Penalty:
Mr Oatham stated that Mr Muniandy’s penalty record showed a 2-day suspension at Riccarton on 11 November 2015 and a 3-day suspension on 18 December 2015 over the previous 12 months. Mr Oatham stated that as it had been 11 months since Mr Muniandy's last suspension, his record could be described as good. He submitted that credit should be given for his admission of the breach and his good record. He submitted that the aggravating factor in this case was the status of the race being Group 3 and the stake payable being $80,000. Mr Oatham stated that the level of carelessness was mid-range and submitted that a term of suspension in line with his submissions be considered as penalty in this case.
Mr Muniandy stated that he was a South Island rider and was struggling to obtain rides now. He submitted that this should be taken into consideration with penalty.
Deferment of penalty was discussed at length with initially Mr Muniandy stating that he had 1 engagement on NOT AVAILABLE and 1 other possible ride for trainer Mr M McCann on Saturday 12 November but wished to be replaced on this ride to allow him to take his suspension immediately. Mr M McCann, trainer of NOT AVAILABLE was questioned at the hearing and stated that he was prepared to release Mr Muniandy for this ride and had already organised a replacement rider. The Committee therefore accepted that Mr Muniandy no longer sought a deferment and had been released from his engagement for Saturday 12 November.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Mr Muniandy’s record which showed two suspensions last year and being 11 months since his last suspension, determined his record to be good. We also took into consideration Mr Muniandy's ready admission of the breach as a further mitigating factor. In taking the JCA Penalty Guide starting point of a 3-day suspension for a South Island rider, we imposed an uplift in penalty of 1 day for the status of the race being Group 3 and the stake payable, $80,000. The Committee, however afforded Mr Muniandy credit for his good record and his admission of the breach with a discount of 1 day. We therefore determined that a 3-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: bc9cf4dda47a62a7f4ed435c608c680f
informantnumber: A6986
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 638(1)(d)
plea: admitted
penaltyrequired: 1
decisiondate: 12/11/2016
hearing_title: Canterbury R 9 November 2016 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Valachi Downs Canterbury Breeders Stakes Group 3, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Class A Licensed Jockey, Mr S Muniandy, the rider of GALLANT RUBY, alleging he allowed his mount to shift in when not clear of ZAH GIRL, ridden by Miss S Spratt, which was checked, losing ground.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Muniandy had indicated on the Information that this breach of the Rules was admitted which he confirmed at the hearing. Mr Muniandy also agreed 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 J McLaughlin, to show that shortly after the start GALLANT RUBY, ridden by Mr Muniandy, who had drawn 7 at the barrier was racing with ZAH GIRL, ridden by Ms S Spratt, who drew 6 at the barrier on his inner. Mr McLaughlin pointed out Mr Muniandy shifting inwards with Ms Spratt on his inner. He stated that Mr Muniandy kept coming across and eventually took the rightful line of ZAH GIRL who had to check. He stated that Mr Muniandy was only ¾ of a length in front of Ms Spratt and was clearly not his own length and another length clear as required by the rule.
Mr Muniandy conceded that he did move inwards when not clear but stated that his horse was awkward to ride with rings on and blinkers on which did not help the situation. He also said that LATIN ROSE, ridden by Mr M Cameron, came out from an inside run to a 1 off position which made the situation worse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Muniandy had admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Oatham stated that Mr Muniandy’s penalty record showed a 2-day suspension at Riccarton on 11 November 2015 and a 3-day suspension on 18 December 2015 over the previous 12 months. Mr Oatham stated that as it had been 11 months since Mr Muniandy's last suspension, his record could be described as good. He submitted that credit should be given for his admission of the breach and his good record. He submitted that the aggravating factor in this case was the status of the race being Group 3 and the stake payable being $80,000. Mr Oatham stated that the level of carelessness was mid-range and submitted that a term of suspension in line with his submissions be considered as penalty in this case.
Mr Muniandy stated that he was a South Island rider and was struggling to obtain rides now. He submitted that this should be taken into consideration with penalty.
Deferment of penalty was discussed at length with initially Mr Muniandy stating that he had 1 engagement on NOT AVAILABLE and 1 other possible ride for trainer Mr M McCann on Saturday 12 November but wished to be replaced on this ride to allow him to take his suspension immediately. Mr M McCann, trainer of NOT AVAILABLE was questioned at the hearing and stated that he was prepared to release Mr Muniandy for this ride and had already organised a replacement rider. The Committee therefore accepted that Mr Muniandy no longer sought a deferment and had been released from his engagement for Saturday 12 November.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Mr Muniandy’s record which showed two suspensions last year and being 11 months since his last suspension, determined his record to be good. We also took into consideration Mr Muniandy's ready admission of the breach as a further mitigating factor. In taking the JCA Penalty Guide starting point of a 3-day suspension for a South Island rider, we imposed an uplift in penalty of 1 day for the status of the race being Group 3 and the stake payable, $80,000. The Committee, however afforded Mr Muniandy credit for his good record and his admission of the breach with a discount of 1 day. We therefore determined that a 3-day suspension was an appropriate penalty in this case.
penalty:
We therefore determined that Mr Muniandy’s Class A Jockey’s licence be suspended from the conclusion of racing on Saturday 12 November 2016 until the conclusion of racing 27 November 2016 which encompasses the days racing at Riccarton on 12 November, Invercargill on 17 November on 17 November and Cromwell on 27 November 2016.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J Oatham- Chief Stipendiary Steward
JockeysandTrainer: S Muniandy - Class A Licensed Jockey
Otherperson: M McCann - Licensed Trainer, J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: b49b8dd4df5360bf141d68f1fdde18c7
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d923e355f860ecdf1a0954ebad29ae64
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/11/2016
meet_title: Canterbury Racing - 9 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Canterbury Racing