Canterbury R 8 December 2017 – R 4 – Chair, Mr S Ching
ID: JCA16897
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 8 December 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/12/08
Race Number:
R4
Decision:
The charge was found to be proved.
Penalty:
Accordingly, Mr Gundowry’s Class A Jockeys licence was suspended from the conclusion of racing today 8 December up to and including 22 December 2017.
Facts:
Following the running of Race 4, the Skelton Brothers Maiden, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A Rider, Mr K Gundowry, alleging careless riding near the 1100m, in that he permitted his mount, QUAINTRELLE, to shift inwards when not clear of RAVEN DARKHOLME, ridden by Miss S Wynne and MAMMA SANS, ridden by Mr K Kwo.
“(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 McLaughlin, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and used video coverage to show that nearing the 1100m, QUAINTRELLE, ridden by Mr Gundowry, was racing in a 3-wide position with RAVEN DARKHOLME in a 2-wide position inside Mr Gundowry and MAMMA SANS on the rail inside RAVEN DARKHOLME. Mr Davidson pointed out Mr Gundowry shift inwards when only ¾ length ahead of RAVEN DARKHOLME and put pressure on both inside runners which eventually resulted in RAVEN DARKHOLME having to check out of its rightful position. Mr McLaughlin stated that the pressure on RAVEN DARKHOLME was over a prolonged period which he estimated was at least 100m.
Mr Gundowry elected to make no submissions in regard to the incident.
Submissions for Penalty:
Mr McLaughlin stated that Mr Gundowry’s penalty record showed 1 breach of this rule in the previous 12 months being at Riccarton on 15 November 2017 where he was suspended for 7 days. He submitted that the breach was mid-range and a term of suspension in keeping with a breach at that level be considered as penalty.
Deferment was discussed with Mr Gundowry who requested that any suspension begin as soon as practically possible.
Reasons for Penalty:
The JCA Penalty Guide for a mid-range breach of this rule for a National rider is an 8-day suspension. The Committee assessed this breach as mid to high range and determined that a 9-day starting point was appropriate. The only aggravating factor was Mr Gundowry’s record which showed a recent breach in November where he received a 7-day suspension. This factor we determined warranted an uplift in penalty which we set at 1 day. 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 9 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: afd47f324377a0903b56d118138f4a02
informantnumber: A09543
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 12/12/2017
hearing_title: Canterbury R 8 December 2017 - R 4 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 4, the Skelton Brothers Maiden, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A Rider, Mr K Gundowry, alleging careless riding near the 1100m, in that he permitted his mount, QUAINTRELLE, to shift inwards when not clear of RAVEN DARKHOLME, ridden by Miss S Wynne and MAMMA SANS, ridden by Mr K Kwo.
“(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 McLaughlin, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and used video coverage to show that nearing the 1100m, QUAINTRELLE, ridden by Mr Gundowry, was racing in a 3-wide position with RAVEN DARKHOLME in a 2-wide position inside Mr Gundowry and MAMMA SANS on the rail inside RAVEN DARKHOLME. Mr Davidson pointed out Mr Gundowry shift inwards when only ¾ length ahead of RAVEN DARKHOLME and put pressure on both inside runners which eventually resulted in RAVEN DARKHOLME having to check out of its rightful position. Mr McLaughlin stated that the pressure on RAVEN DARKHOLME was over a prolonged period which he estimated was at least 100m.
Mr Gundowry elected to make no submissions in regard to the incident.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that Mr Gundowry’s penalty record showed 1 breach of this rule in the previous 12 months being at Riccarton on 15 November 2017 where he was suspended for 7 days. He submitted that the breach was mid-range and a term of suspension in keeping with a breach at that level be considered as penalty.
Deferment was discussed with Mr Gundowry who requested that any suspension begin as soon as practically possible.
reasonsforpenalty:
The JCA Penalty Guide for a mid-range breach of this rule for a National rider is an 8-day suspension. The Committee assessed this breach as mid to high range and determined that a 9-day starting point was appropriate. The only aggravating factor was Mr Gundowry’s record which showed a recent breach in November where he received a 7-day suspension. This factor we determined warranted an uplift in penalty which we set at 1 day. 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 9 National-day suspension was an appropriate penalty in this case.
penalty:
Accordingly, Mr Gundowry’s Class A Jockeys licence was suspended from the conclusion of racing today 8 December up to and including 22 December 2017.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J McLaughlin- Stipendiary Steward
JockeysandTrainer: K Gundowry-Class A Rider
Otherperson: Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 1ea4eaebaf803f76fac57b6fdbc46fd8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 363d22b98c906e4b3db69b359677d7ae
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/12/2017
meet_title: Canterbury Racing - 8 December 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury Racing