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Riverton RC 15 April 2017 – R8 – Chair Mr V Munro

ID: JCA18125

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr S Muniandy - Licensed Jockey

Other Person:
Mr L Tidmarsh - Stipendiary Steward

Information Number:
A8610

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Riverton RC - 15 April 2017

Meet Chair:
VMUnro

Meet Committee Member 1:
PKnowles

Race Date:
2017/04/15

Race Number:
R8

Decision:

As Mr Muniandy admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Mr Muniandy had his license to ride in races suspended for a period to commence after racing on 22 April and conclude after racing on 3 May 2017 (4 days).

That period of suspension encompasses meetings at
26 April – Dunedin
28 April – Blenheim
30 April – Blenheim
3 May – Riverton.

Facts:

An Information was filed by Mr Davidson pursuant to Rule 638 (1)(d), alleging that Mr Muniandy permitted his mount PATRICK ERIN to shift inwards near the 1950 metres when not sufficiently clear of REVELATOR and MOTORBOAT MIKE who were both crowned and checked in the Carrier Arms Hotel Riverton Cup.

Mr Muniandy acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Tidmarsh demonstrated the incident using the available video footage.  Mr Davidson said that Mr Muniandy (PATRICK ERIN) was racing 5 wide, approximately 200 metres after the start. Here he directs his horse inwards which forces two runners, MOTORBOAT MIKE who in turned moved inwards on REVELATOR. The jockey of REVELATOR, Mr K Mudhoo had to restrain his mount due to being checked.

Mr Muniandy said he thought it was okay to come across at this point. He further stated his horse overreacted when he moved in.

Submissions for Penalty:

Mr Davidson produced Mr Muniandy’s record which showed two breaches of this rule in the past 12 months. First being 9 November 2016 and the second being 25 March 2017, today was his first race day riding back since that suspension.  He further said that 2 breaches for a senior South Island rider in a 12 month period is a neutral factor but he has admitted the breach at his first opportunity which must be in his favour. An aggravating factor is that the horses checked had finished 2nd and 3rd behind Mr Muniandy’s horse.

Mr Muniandy said it was his first day back riding, unfortunately this had happened. A suspension of 3 – 4 days for a South Island only jockey is very hard.  Mr Muniandy asked a for deferment of any supension for 7 days.

The Committee asked Mr Muniandy if he would have been riding at the 2 day Marlborough meeting to which he confirmed he would have been as he rode there last year.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 3 day suspension for South Island riders which is adjusted based on the mitigating and aggravating factors.

There are several aggravating factors in this case. This is Mr Muniandy’s 3rd breach in 12 months and on the first day back riding from a suspension for the same charge. The race was a “listed” race with a stake of $60,000.  With a starting point of 3 days we add a day each each for Mr Muniandy’s record and the status of the race.
 
The mitigating fact was Mr Muniandy’s admission of the breach for which he was given credit of one day.  After taking into account all factors the Committee considered an appropriate suspension was 4 days.

The Committee granted Mr Muniandy his request to seek a deferment to his suspension as per Rule 1106(2).

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: f082d2b6c33965948e3f110574225764

informantnumber: A8610

horsename:

hearing_racingtype:

startdate: no date provided

newcharge: Careless riding

plea: admitted

penaltyrequired: 1

decisiondate: 17/04/2017

hearing_title: Riverton RC 15 April 2017 - R8 - Chair Mr V Munro

charge:

facts:

An Information was filed by Mr Davidson pursuant to Rule 638 (1)(d), alleging that Mr Muniandy permitted his mount PATRICK ERIN to shift inwards near the 1950 metres when not sufficiently clear of REVELATOR and MOTORBOAT MIKE who were both crowned and checked in the Carrier Arms Hotel Riverton Cup.

Mr Muniandy acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Tidmarsh demonstrated the incident using the available video footage.  Mr Davidson said that Mr Muniandy (PATRICK ERIN) was racing 5 wide, approximately 200 metres after the start. Here he directs his horse inwards which forces two runners, MOTORBOAT MIKE who in turned moved inwards on REVELATOR. The jockey of REVELATOR, Mr K Mudhoo had to restrain his mount due to being checked.

Mr Muniandy said he thought it was okay to come across at this point. He further stated his horse overreacted when he moved in.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

As Mr Muniandy admitted the breach the Committee found the charge proved.

sumissionsforpenalty:

Mr Davidson produced Mr Muniandy’s record which showed two breaches of this rule in the past 12 months. First being 9 November 2016 and the second being 25 March 2017, today was his first race day riding back since that suspension.  He further said that 2 breaches for a senior South Island rider in a 12 month period is a neutral factor but he has admitted the breach at his first opportunity which must be in his favour. An aggravating factor is that the horses checked had finished 2nd and 3rd behind Mr Muniandy’s horse.

Mr Muniandy said it was his first day back riding, unfortunately this had happened. A suspension of 3 – 4 days for a South Island only jockey is very hard.  Mr Muniandy asked a for deferment of any supension for 7 days.

The Committee asked Mr Muniandy if he would have been riding at the 2 day Marlborough meeting to which he confirmed he would have been as he rode there last year.

reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 3 day suspension for South Island riders which is adjusted based on the mitigating and aggravating factors.

There are several aggravating factors in this case. This is Mr Muniandy’s 3rd breach in 12 months and on the first day back riding from a suspension for the same charge. The race was a “listed” race with a stake of $60,000.  With a starting point of 3 days we add a day each each for Mr Muniandy’s record and the status of the race.
 
The mitigating fact was Mr Muniandy’s admission of the breach for which he was given credit of one day.  After taking into account all factors the Committee considered an appropriate suspension was 4 days.

The Committee granted Mr Muniandy his request to seek a deferment to his suspension as per Rule 1106(2).

penalty:

Accordingly, Mr Muniandy had his license to ride in races suspended for a period to commence after racing on 22 April and conclude after racing on 3 May 2017 (4 days).

That period of suspension encompasses meetings at
26 April – Dunedin
28 April – Blenheim
30 April – Blenheim
3 May – Riverton.

hearing_type: Hearing

Rules: 638(1)(d)

Informant: Mr M Davidson - Stipendiary Steward

JockeysandTrainer: Mr S Muniandy - Licensed Jockey

Otherperson: Mr L Tidmarsh - Stipendiary Steward

PersonPresent:

Respondent:

StipendSteward:

raceid: 7e4fb6cb057fb29784893a32e0a4aed7

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R8

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: c8d39765b67d2eda382ad76aa8b7e7da

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 15/04/2017

meet_title: Riverton RC - 15 April 2017

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: riverton-rc

meet_racingtype: thoroughbred-racing

meet_chair: VMUnro

meet_pm1: PKnowles

meet_pm2: none

name: Riverton RC