Ashburton RC 11 March 2016 – R 5 – Chair, Mr R McKenzie
ID: JCA13788
Code:
Thoroughbred
Meet Title:
Ashburton RC - 11 March 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2016/03/11
Race Number:
R5
Decision:
Mr Mudhoo having admitted the breach, the charge was found proved.
Penalty:
The Committee granted Mr Mudhoo’s application for a deferment, it being satisfied that Mr Mudhoo had confirmed riding engagements at Wyndham on 13 March.
Mr Mudhoo’s Apprentice Jockey’s Licence (Class B) was suspended for a period from after the conclusion of racing on Sunday, 13 March 2016, up to and including Monday, 21 March 2016 – 2 riding days. The meetings intended to be encompassed by the period of suspension are South Canterbury RC on 18 March and Beaumont RC at Wingatui on 21 March.
Facts:
Following the running of Race 5, NZB Insurance Pearl Series Race Fillies & Mares Maiden, an information was filed by Stipendiary Steward, Mr A Coles, against Licensed Apprentice Jockey (Class B), Mr K Mudhoo, alleging that Mr Mudhoo, as the rider of PERFECT SECRET in the race, “allowed his mount to shift inwards crowding FUN FAIR (M K L Chui) inwards onto SUNFLOWER (D M Walsh) which was checked passing the 150 metres”.
Mr Mudhoo was present at the hearing of the information and he indicated that he admitted the breach. Mr Mudhoo was assisted at the hearing by Miss C L Spittles, Holder of Permit to Train (Class B), trainer of PERFECTLY SECRET.
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Mr Coles had Stipendiary Steward, Mr M R Davidson, show the available video replays of the incident, approximately 150 metres from the finish of the 1400 metres maiden race. He pointed out PERFECT SECRET, ridden by Mr Mudhoo, racing widest on the track and running on, passing the 200 metres. On his inner was FUN FAIR (M K L Chui) and inside of that runner was SUNFLOWER (D M Walsh). Mr Mudhoo was riding his mount forward as it shifted ground inwards, Mr Davidson said. The other two runners mentioned had to shift inwards to avoid Mr Mudhoo’s mount and Mr Walsh was put across the heels of ASHWINI (S L Wynne). Mr Chui’s mount also received a check. Mr Mudhoo’s mount continued its inwards movement to the finishing line, Mr Davidson said.
Mr Davidson submitted that Mr Mudhoo had been only a length clear when the runners inside were checked. He said that there had been a minor movement from Mr Walsh and he had made contact with Mr Chui just prior to Mr Mudhoo shifting in. However, the damage was done when Mr Mudhoo shifted in, Mr Davidson submitted.
Mr Mudhoo and Miss Spittles were given the opportunity to comment on the incident but declined to do so.
Submissions for Penalty:
Mr Coles said that Mr Walsh had been interviewed concerning the incident and had told Stewards that his mount was “battling” at the time. This should be taken into account, Mr Coles submitted, along with Mr Mudhoo’s admission of the breach.
Mr Coles said that Mr Mudhoo has had only one suspension for careless riding in the past 12 months – on 9 December 2015 at Otago RC (2 days). Stewards saw the level of carelessness as being at the low end, Mr Coles said. Stewards were seeking a term of suspension of 2 days, which was felt to be appropriate for this offence. Mr Mudhoo had declared rides at the meeting of Wyndham RC on Sunday, 13 March, Mr Coles said.
Mr Mudhoo and Miss Spittles did not wish to make any submissions relating to penalty.
Reasons for Penalty:
In determining penalty, the Committee took, as a starting point, a 3 days’ suspension as suggested in the Penalty Guide for a South Island rider. There were no aggravating factors in this case.
Mitigating factors were the low-end nature of the breach, Mr Mudhoo’s admission of the breach and his race riding record, which the Committee considered to be good. We considered that these factors warranted a discount of 1 day from the starting point of 3 days.
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: 651dbbda274bf9ac407ff4ec2d07483e
informantnumber: A7769
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 15/03/2016
hearing_title: Ashburton RC 11 March 2016 - R 5 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 5, NZB Insurance Pearl Series Race Fillies & Mares Maiden, an information was filed by Stipendiary Steward, Mr A Coles, against Licensed Apprentice Jockey (Class B), Mr K Mudhoo, alleging that Mr Mudhoo, as the rider of PERFECT SECRET in the race, “allowed his mount to shift inwards crowding FUN FAIR (M K L Chui) inwards onto SUNFLOWER (D M Walsh) which was checked passing the 150 metres”.
Mr Mudhoo was present at the hearing of the information and he indicated that he admitted the breach. Mr Mudhoo was assisted at the hearing by Miss C L Spittles, Holder of Permit to Train (Class B), trainer of PERFECTLY SECRET.
Rule 638 provides as follows:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Mr Coles had Stipendiary Steward, Mr M R Davidson, show the available video replays of the incident, approximately 150 metres from the finish of the 1400 metres maiden race. He pointed out PERFECT SECRET, ridden by Mr Mudhoo, racing widest on the track and running on, passing the 200 metres. On his inner was FUN FAIR (M K L Chui) and inside of that runner was SUNFLOWER (D M Walsh). Mr Mudhoo was riding his mount forward as it shifted ground inwards, Mr Davidson said. The other two runners mentioned had to shift inwards to avoid Mr Mudhoo’s mount and Mr Walsh was put across the heels of ASHWINI (S L Wynne). Mr Chui’s mount also received a check. Mr Mudhoo’s mount continued its inwards movement to the finishing line, Mr Davidson said.
Mr Davidson submitted that Mr Mudhoo had been only a length clear when the runners inside were checked. He said that there had been a minor movement from Mr Walsh and he had made contact with Mr Chui just prior to Mr Mudhoo shifting in. However, the damage was done when Mr Mudhoo shifted in, Mr Davidson submitted.
Mr Mudhoo and Miss Spittles were given the opportunity to comment on the incident but declined to do so.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Mudhoo having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Coles said that Mr Walsh had been interviewed concerning the incident and had told Stewards that his mount was “battling” at the time. This should be taken into account, Mr Coles submitted, along with Mr Mudhoo’s admission of the breach.
Mr Coles said that Mr Mudhoo has had only one suspension for careless riding in the past 12 months – on 9 December 2015 at Otago RC (2 days). Stewards saw the level of carelessness as being at the low end, Mr Coles said. Stewards were seeking a term of suspension of 2 days, which was felt to be appropriate for this offence. Mr Mudhoo had declared rides at the meeting of Wyndham RC on Sunday, 13 March, Mr Coles said.
Mr Mudhoo and Miss Spittles did not wish to make any submissions relating to penalty.
reasonsforpenalty:
In determining penalty, the Committee took, as a starting point, a 3 days’ suspension as suggested in the Penalty Guide for a South Island rider. There were no aggravating factors in this case.
Mitigating factors were the low-end nature of the breach, Mr Mudhoo’s admission of the breach and his race riding record, which the Committee considered to be good. We considered that these factors warranted a discount of 1 day from the starting point of 3 days.
penalty:
The Committee granted Mr Mudhoo’s application for a deferment, it being satisfied that Mr Mudhoo had confirmed riding engagements at Wyndham on 13 March.
Mr Mudhoo’s Apprentice Jockey’s Licence (Class B) was suspended for a period from after the conclusion of racing on Sunday, 13 March 2016, up to and including Monday, 21 March 2016 – 2 riding days. The meetings intended to be encompassed by the period of suspension are South Canterbury RC on 18 March and Beaumont RC at Wingatui on 21 March.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: A Coles, Stipendiary Steward
JockeysandTrainer: K Mudhoo, Licensed Apprentice Jockey (Class B)
Otherperson: C L Spittles, Holder of Permit to Train
PersonPresent:
Respondent:
StipendSteward:
raceid: bc15335d22b888b563e6bc9a0c5ea055
race_expapproval:
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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: 35a52390c430de1f050f68fe4f6d22e6
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meet_emailed1: 0
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meetdate: 11/03/2016
meet_title: Ashburton RC - 11 March 2016
meet_expappcomment:
meet_km:
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tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Ashburton RC