Ashburton RC – 5 July 2009 – Race 6
ID: JCA22272
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Ashburton RC - 5 July 2009
Race Date:
2009/07/05
Race Number:
Race 6
Decision:
Information 7117 alleging a breach of the Rules of Racing, Rule 876(1)(d) in that Mr S Muniandy allowed his mount “Royal Flight” to shift in near the 200 metres causing “High Risk” (J Laking) to be checked.
--
Information 7117 alleging a breach of the Rules of Racing, Rule 876(1)(d) in that Mr S Muniandy allowed his mount “Royal Flight” to shift in near the 200 metres causing “High Risk” (J Laking) to be checked.
--Informant - Mr S Ching, Stipendiary Steward
--THE FACTS
--Following the running of Race 6, Mr Stuart Ching, Stipendiary Steward, charged Apprentice Jockey, Shanka Muniandy, with careless riding pursuant to Rule 871(1)(d) of the Rules of Racing.
--Mr Ching alleged that Mr Muniandy allowed his mount “Royal Flight” to shift in near the 200 metres causing “High Risk” (J Laking) to be checked.
--Mr Muniandy was accompanied in the hearing by his employer, Mr Shane Anderton. Mr Muniandy did not admit the charge.
--The evidence was that nearing the 200 metre mark, Mr Muniandy’s mount was racing on comparatively even terms with “High Risk”. Mr Muniandy drew his whip, but as a consequence, his mount moved inwards quite suddenly and in the process, caused quite significant interference to “High Risk”.
--Mr Ching said that Mr Muniandy’s mount was “laying in”, that the inside rein was loose and that notwithstanding the suddenness of the inward movement, it was something that Mr Muniandy should reasonably have anticipated. He also put it to Mr Muniandy that he had agreed with the Stewards in their investigation that his mount was “laying in”.
--Mr Anderton responded on Mr Muniandy’s behalf, saying that Mr Muniandy was on the favourite, that the horse was racing keenly but that he did not agree that Mr Muniandy could reasonably have expected to anticipate the movement, because he was an apprentice on a 3 kilogramme claim.
--Official records show that Mr Muniandy has had 338 career starts, with 23 winning rides. Thus, we have to consider Mr Anderton’s submission against that background. We also have to consider that submission against Mr Muniandy and his statement that he knew the horse was “laying in”.
--Our conclusion is that having regard to the number of career rides, and the statement that he knew that his mount was “laying in”, that Mr Muniandy is deemed to have a sufficient standard of horsemanship to have reasonably expected a sudden movement as alleged, in the circumstances.
--Furthermore, his horse’s racing actions in difficult track conditions, should have given a clear signal that the horse would move suddenly if control was let go, as was the case here.
--Thus, we are satisfied that Mr Muniandy rode carelessly and the charge is proved accordingly.
--PENALTY
--In this Panel’s view, Mr Muniandy’s carelessness was not quite at the same range as Mr Ching would have us believe namely at mid range. We believe it is more low to mid range, notwithstanding the pronounced effect of Mr Muniandy’s carelessness. A suspension, however, is the only penalty that can only realistically be imposed in this situation, particularly as Mr Muniandy is an apprentice, and it is almost invariable that apprentices are suspended rather than fined. We believe that an appropriate period of suspension is that of four days, which will mean that the period of suspension commences today at the conclusion of racing, to finish at the conclusion of racing on 26 July. That encompasses meetings at Waimate, South Canterbury and two meetings at the Oamaru Jockey Club.
--KG Hales
CHAIR
7117
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: a86a92a00a89065691d0e82b1d5a471a
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 05/07/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Ashburton RC - 5 July 2009 - Race 6
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Information 7117 alleging a breach of the Rules of Racing, Rule 876(1)(d) in that Mr S Muniandy allowed his mount “Royal Flight” to shift in near the 200 metres causing “High Risk” (J Laking) to be checked.
--
Information 7117 alleging a breach of the Rules of Racing, Rule 876(1)(d) in that Mr S Muniandy allowed his mount “Royal Flight” to shift in near the 200 metres causing “High Risk” (J Laking) to be checked.
--Informant - Mr S Ching, Stipendiary Steward
--THE FACTS
--Following the running of Race 6, Mr Stuart Ching, Stipendiary Steward, charged Apprentice Jockey, Shanka Muniandy, with careless riding pursuant to Rule 871(1)(d) of the Rules of Racing.
--Mr Ching alleged that Mr Muniandy allowed his mount “Royal Flight” to shift in near the 200 metres causing “High Risk” (J Laking) to be checked.
--Mr Muniandy was accompanied in the hearing by his employer, Mr Shane Anderton. Mr Muniandy did not admit the charge.
--The evidence was that nearing the 200 metre mark, Mr Muniandy’s mount was racing on comparatively even terms with “High Risk”. Mr Muniandy drew his whip, but as a consequence, his mount moved inwards quite suddenly and in the process, caused quite significant interference to “High Risk”.
--Mr Ching said that Mr Muniandy’s mount was “laying in”, that the inside rein was loose and that notwithstanding the suddenness of the inward movement, it was something that Mr Muniandy should reasonably have anticipated. He also put it to Mr Muniandy that he had agreed with the Stewards in their investigation that his mount was “laying in”.
--Mr Anderton responded on Mr Muniandy’s behalf, saying that Mr Muniandy was on the favourite, that the horse was racing keenly but that he did not agree that Mr Muniandy could reasonably have expected to anticipate the movement, because he was an apprentice on a 3 kilogramme claim.
--Official records show that Mr Muniandy has had 338 career starts, with 23 winning rides. Thus, we have to consider Mr Anderton’s submission against that background. We also have to consider that submission against Mr Muniandy and his statement that he knew the horse was “laying in”.
--Our conclusion is that having regard to the number of career rides, and the statement that he knew that his mount was “laying in”, that Mr Muniandy is deemed to have a sufficient standard of horsemanship to have reasonably expected a sudden movement as alleged, in the circumstances.
--Furthermore, his horse’s racing actions in difficult track conditions, should have given a clear signal that the horse would move suddenly if control was let go, as was the case here.
--Thus, we are satisfied that Mr Muniandy rode carelessly and the charge is proved accordingly.
--PENALTY
--In this Panel’s view, Mr Muniandy’s carelessness was not quite at the same range as Mr Ching would have us believe namely at mid range. We believe it is more low to mid range, notwithstanding the pronounced effect of Mr Muniandy’s carelessness. A suspension, however, is the only penalty that can only realistically be imposed in this situation, particularly as Mr Muniandy is an apprentice, and it is almost invariable that apprentices are suspended rather than fined. We believe that an appropriate period of suspension is that of four days, which will mean that the period of suspension commences today at the conclusion of racing, to finish at the conclusion of racing on 26 July. That encompasses meetings at Waimate, South Canterbury and two meetings at the Oamaru Jockey Club.
--KG Hales
CHAIR
7117
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 876.1.d, 871.1.d
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7e03d1af61d29ebc84b4c8b571439ebb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 739be39b74c0d3d7c0dfa508875f07cf
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 05/07/2009
meet_title: Ashburton RC - 5 July 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Ashburton RC