Ashburton RC 18 December 2015 – R 5 – Chair, Mr S Ching
ID: JCA17723
Code:
Thoroughbred
Meet Title:
Ashburton RC - 18 December 2015
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2015/12/18
Race Number:
R5
Decision:
The charge was found to be proved.
Penalty:
We therefore determined that Mr Muniandy’s jockeys license be suspended from the conclusion of racing on Sunday 20 December until the conclusion of racing 30 December 2015 which encompasses the days racing at Dunedin on 26 December, Timaru on 28 December and Kurow on 30 December.
Facts:
Following the running of Race 5, the Dick, Gilbert, Norm & Ross @ CATR Maiden 1400m, an Information was filed by Stipendiary Steward, J McLaughlin, against Class A Licensed Jockey, Mr S Muniandy, the rider of LOS CABOS, alleging he directed his mount outwards where there was insufficient room to do so causing interference to ALYTH, ridden by Mr C Johnson.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Muniandy had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Muniandy also agreed that he understood the charge and the Rule it was brought under.
Submissions for Decision:
Mr McLaughlin gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr J Oatham to show that near the 200m LOS CABOS, ridden by Mr Muniandy was racing on the inside of ALYTH, ridden by Mr Johnson.
Mr Oatham pointed out Mr Muniandy, looking to improve his mount and obtain clear running. He said Mr Muniandy when riding his horse out, shifted out and made firm contact with ALYTH in an attempt to obtain a run where there was insufficient room. Mr Muniandy continued on with his outward movement and made heavy contact on a further 2 occasions with ALYTH, unbalancing both the horse and Mr Johnson.
Mr Oatham stated that Mr Muniandy, in shifting out and making contact with ALYTH, was not entitled to, as ownership of that run, was Mr Johnson's. He said that the films clearly show that there was insufficient room for Mr Muniandy to improve on the inside of Mr Johnson with Mr Muniandy eventually forcing Mr Johnson out and off his rightful line. Mr Oatham said that Mr Johnson was attempting to maintain his rightful line of running and initially resisted the outward pressure of Mr Muniandy. He stated Mr Muniandy persisted on when riding his horse out and after 2 further heavy points of contact, shifted Mr Johnson out and eventually gained the run inside Mr Johnson. Mr Oatham stated that there was never sufficient room for Mr Muniandy to be attempting a run on the inside of Mr Johnson. He said that the Stewards would usually accept one attempt to shift Mr Johnson out but when that was unsuccessful, Mr Muniandy should have relented and sought other options.
Mr Muniandy stated that the incident could be described as competitive riding. He said that he did come out and look for a run inside Mr Johnson because he was travelling better than him. He stated that if he didn’t come out he would not have doing his best for the owner and trainer. He also said that the horse in front and to the inside of him was shifting outwards as well influenced his decision to go out. In answer to a question from the Committee, Mr Muniandy, confirmed that his defence was that the incident was a case of competitive riding.
Reasons for Decision:
The Committee was satisfied that when looking for clear racing room, Mr Muniandy shifted out making firm contact on 3 occasions with ALTYH near the 200m. We are satisfied that there was never sufficient room for Mr Muniandy to improve on the inside of Mr Johnson. Mr Johnson had ownership of his racing line and Mr Muniandy literally barged his way out to find clear racing with little regard for Mr Johnson. Mr Muniandy persisted with his outward movement making solid contact with ALYTH 3 times until he forced that horse off its rightful line out so he could improve forward. We determined that the actions of Mr Muniandy in this incident constituted careless riding and therefore found the charge proved.
Submissions for Penalty:
Mr McLaughlin stated that Mr Muniandy had a reasonably good record for a busy rider which showed only a 2-day suspension at Riccarton on 11 November for careless riding, over the previous 12 months. Mr McLaughlin submitted that the Stewards were seeking a term of suspension in this case and as to the length of that suspension he said he would leave up to the Committee to decide.
Mr Muniandy made no submissions in regard to penalty apart from reiterating that he believed the incident was competitive riding.
Deferment of penalty was discussed but not deemed an option as the next meeting in the South Island district was on Sunday 20 December at Winton with the riders already declared and the following meeting being Saturday 26 December at Dunedin.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Mr Muniandy’s record which despite his recent suspension in November, we were prepared to consider as reasonably good, as submitted by Mr McLaughlin. In taking the JCA Penalty Guide starting point of a 3-day suspension for a South Island rider, we imposed an uplift of 1 day for the level of carelessness and consequences of that carelessness, which we determined as mid to high. The Committee, however afforded Mr Muniandy some credit for his reasonably good record with a discount of 1 day. We therefore determined that a 3-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: e468cb27bc5ea93e1d4a64f1936689fe
informantnumber: A6359
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 23/12/2015
hearing_title: Ashburton RC 18 December 2015 - R 5 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 5, the Dick, Gilbert, Norm & Ross @ CATR Maiden 1400m, an Information was filed by Stipendiary Steward, J McLaughlin, against Class A Licensed Jockey, Mr S Muniandy, the rider of LOS CABOS, alleging he directed his mount outwards where there was insufficient room to do so causing interference to ALYTH, ridden by Mr C Johnson.
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Muniandy had indicated on the Information that this breach of the Rules was not admitted and he confirmed this at the hearing. Mr Muniandy also agreed that he understood the charge and the Rule it was brought under.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr J Oatham to show that near the 200m LOS CABOS, ridden by Mr Muniandy was racing on the inside of ALYTH, ridden by Mr Johnson.
Mr Oatham pointed out Mr Muniandy, looking to improve his mount and obtain clear running. He said Mr Muniandy when riding his horse out, shifted out and made firm contact with ALYTH in an attempt to obtain a run where there was insufficient room. Mr Muniandy continued on with his outward movement and made heavy contact on a further 2 occasions with ALYTH, unbalancing both the horse and Mr Johnson.
Mr Oatham stated that Mr Muniandy, in shifting out and making contact with ALYTH, was not entitled to, as ownership of that run, was Mr Johnson's. He said that the films clearly show that there was insufficient room for Mr Muniandy to improve on the inside of Mr Johnson with Mr Muniandy eventually forcing Mr Johnson out and off his rightful line. Mr Oatham said that Mr Johnson was attempting to maintain his rightful line of running and initially resisted the outward pressure of Mr Muniandy. He stated Mr Muniandy persisted on when riding his horse out and after 2 further heavy points of contact, shifted Mr Johnson out and eventually gained the run inside Mr Johnson. Mr Oatham stated that there was never sufficient room for Mr Muniandy to be attempting a run on the inside of Mr Johnson. He said that the Stewards would usually accept one attempt to shift Mr Johnson out but when that was unsuccessful, Mr Muniandy should have relented and sought other options.
Mr Muniandy stated that the incident could be described as competitive riding. He said that he did come out and look for a run inside Mr Johnson because he was travelling better than him. He stated that if he didn’t come out he would not have doing his best for the owner and trainer. He also said that the horse in front and to the inside of him was shifting outwards as well influenced his decision to go out. In answer to a question from the Committee, Mr Muniandy, confirmed that his defence was that the incident was a case of competitive riding.
reasonsfordecision:
The Committee was satisfied that when looking for clear racing room, Mr Muniandy shifted out making firm contact on 3 occasions with ALTYH near the 200m. We are satisfied that there was never sufficient room for Mr Muniandy to improve on the inside of Mr Johnson. Mr Johnson had ownership of his racing line and Mr Muniandy literally barged his way out to find clear racing with little regard for Mr Johnson. Mr Muniandy persisted with his outward movement making solid contact with ALYTH 3 times until he forced that horse off its rightful line out so he could improve forward. We determined that the actions of Mr Muniandy in this incident constituted careless riding and therefore found the charge proved.
Decision:
The charge was found to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that Mr Muniandy had a reasonably good record for a busy rider which showed only a 2-day suspension at Riccarton on 11 November for careless riding, over the previous 12 months. Mr McLaughlin submitted that the Stewards were seeking a term of suspension in this case and as to the length of that suspension he said he would leave up to the Committee to decide.
Mr Muniandy made no submissions in regard to penalty apart from reiterating that he believed the incident was competitive riding.
Deferment of penalty was discussed but not deemed an option as the next meeting in the South Island district was on Sunday 20 December at Winton with the riders already declared and the following meeting being Saturday 26 December at Dunedin.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Mr Muniandy’s record which despite his recent suspension in November, we were prepared to consider as reasonably good, as submitted by Mr McLaughlin. In taking the JCA Penalty Guide starting point of a 3-day suspension for a South Island rider, we imposed an uplift of 1 day for the level of carelessness and consequences of that carelessness, which we determined as mid to high. The Committee, however afforded Mr Muniandy some credit for his reasonably good record with a discount of 1 day. We therefore determined that a 3-day suspension was an appropriate penalty in this case.
penalty:
We therefore determined that Mr Muniandy’s jockeys license be suspended from the conclusion of racing on Sunday 20 December until the conclusion of racing 30 December 2015 which encompasses the days racing at Dunedin on 26 December, Timaru on 28 December and Kurow on 30 December.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: S Muniandy - Class A Licensed Jockey
Otherperson: Mr J Oatham - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: fd3cadc22daec02ce2b97b27625b7d60
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
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meetid: 37a7eefbea8209acd6966b95ac6a2f1b
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meetdate: 18/12/2015
meet_title: Ashburton RC - 18 December 2015
meet_expappcomment:
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tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
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name: Ashburton RC