Archive Decision

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Canterbury R 23 June 2012 – R 7

ID: JCA17716

Applicant:
N Ydgren - Stipendiary Steward

Respondent(s):
Mr S Muniandy - Apprentice Jockey

Other Person:
Mr M McCann - Licensed Trainer

Information Number:
A4902

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 23 June 2012

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2012/06/23

Race Number:
R7

Decision:

As Mr Muniandy admitted the charge it is therefore deemed to be proved.

Penalty:

Mr Muniandy is suspended from race riding from the conclusion of racing on the 23rd June 2012 until the conclusion of racing on Friday 6th July 2012.

That will take into account meetings at Waimate on 29th July and at Ashburton on 6th July 2012.

Charge:

Alleged that Mr Muniandy permitted his mount "Bursting Stone" to move outwards rounding the home turn taking "Logan Town" outwards across the running of "Jack Norman" which was checked.

Facts:

The video coverage was explained to the hearing by Mr Cameron George, Chief Stipendiary Steward.  As the field came around the home turn, "Bursting Stone", the winner of the race, moved sharply outwards, which had the effect of taking "Logan Town" and "Jack Norman" off their rightful running lines.

Because Mr Muniandy is an apprentice jockey he asked Mr M McCann, licensed trainer (and the trainer of "Bursting Stone") to assist him in the hearing.

Mr McCann, told the hearing that the horse is a most difficult horse to handle and that when he gets into a tight spot, will act like a "big bull" and will make his own room. He acknowledged that whilst Mr Muniandy had the ultimate responsibility to keep the horse on a proper line, in his opinion, it was the horse which was responsible for the incident.

Submissions for Penalty:

Mr Ydgren submitted that a suspension of 3 days should be imposed.  He said that it was the Stipendiary Steward's opinion that the degree of carelessness was at the lower end of the scale.  He said that Mr Muniandy was suspended for 3 days on 28th January 2012.

Mr McCann asked us to take into account what he told us about the horse's manners in that it is a difficult horse to handle.

Reasons for Penalty:

The starting point for the imposition of penalty in this instance is a suspension of 5 race days.  We then need to decide if there are any aggravating or mitigating factors.

In this case, there are no aggravating factors which would warrant an uplift on the starting point.

We now look at the mitigating factors.

Mr McCann told us that the horse, despite being the best horse he has trained in 40 years, is ill-mannered, strong willed and difficult to handle.  When he saw the incident on television, he attributed it to almost entirely to the horse.  He acknowledged that the ultimate responsibility lay with Mr Muniandy, but urged us to take into account just how difficult the horse can be.

The Stipendiary Stewards felt that the degree of carelessness was at the lower end of the scale.  Mr Muniandy admitted the charge at the earliest opportunity.  His record is reasonable.  He is a South Island jockey.  We note Mr McCann's submission.

The combined effect of the mitigating factors therefore allow us to provide a discount on our starting point of 3 days.  Thus, Mr Muniandy will be suspended for 2 race riding days.

Mr Muniandy has not applied for a deferrment of the coming into effect of the suspension.

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: e3c1a5c19ea5d72bde8a3fa37c6bf53a


informantnumber: A4902


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 15/06/2012


hearing_title: Canterbury R 23 June 2012 - R 7


charge:

Alleged that Mr Muniandy permitted his mount "Bursting Stone" to move outwards rounding the home turn taking "Logan Town" outwards across the running of "Jack Norman" which was checked.


facts:

The video coverage was explained to the hearing by Mr Cameron George, Chief Stipendiary Steward.  As the field came around the home turn, "Bursting Stone", the winner of the race, moved sharply outwards, which had the effect of taking "Logan Town" and "Jack Norman" off their rightful running lines.

Because Mr Muniandy is an apprentice jockey he asked Mr M McCann, licensed trainer (and the trainer of "Bursting Stone") to assist him in the hearing.

Mr McCann, told the hearing that the horse is a most difficult horse to handle and that when he gets into a tight spot, will act like a "big bull" and will make his own room. He acknowledged that whilst Mr Muniandy had the ultimate responsibility to keep the horse on a proper line, in his opinion, it was the horse which was responsible for the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Muniandy admitted the charge it is therefore deemed to be proved.


sumissionsforpenalty:

Mr Ydgren submitted that a suspension of 3 days should be imposed.  He said that it was the Stipendiary Steward's opinion that the degree of carelessness was at the lower end of the scale.  He said that Mr Muniandy was suspended for 3 days on 28th January 2012.

Mr McCann asked us to take into account what he told us about the horse's manners in that it is a difficult horse to handle.


reasonsforpenalty:

The starting point for the imposition of penalty in this instance is a suspension of 5 race days.  We then need to decide if there are any aggravating or mitigating factors.

In this case, there are no aggravating factors which would warrant an uplift on the starting point.

We now look at the mitigating factors.

Mr McCann told us that the horse, despite being the best horse he has trained in 40 years, is ill-mannered, strong willed and difficult to handle.  When he saw the incident on television, he attributed it to almost entirely to the horse.  He acknowledged that the ultimate responsibility lay with Mr Muniandy, but urged us to take into account just how difficult the horse can be.

The Stipendiary Stewards felt that the degree of carelessness was at the lower end of the scale.  Mr Muniandy admitted the charge at the earliest opportunity.  His record is reasonable.  He is a South Island jockey.  We note Mr McCann's submission.

The combined effect of the mitigating factors therefore allow us to provide a discount on our starting point of 3 days.  Thus, Mr Muniandy will be suspended for 2 race riding days.

Mr Muniandy has not applied for a deferrment of the coming into effect of the suspension.


penalty:

Mr Muniandy is suspended from race riding from the conclusion of racing on the 23rd June 2012 until the conclusion of racing on Friday 6th July 2012.

That will take into account meetings at Waimate on 29th July and at Ashburton on 6th July 2012.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: N Ydgren - Stipendiary Steward


JockeysandTrainer: Mr S Muniandy - Apprentice Jockey


Otherperson: Mr M McCann - Licensed Trainer


PersonPresent:


Respondent:


StipendSteward:


raceid: a8b7102f06e3490dd1113873f7605aef


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f79f350e572ab5e3ef2abaf56c1e1501


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 23/06/2012


meet_title: Canterbury Racing - 23 June 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: KHales


meet_pm1: JPhelan


meet_pm2: none


name: Canterbury Racing