Canterbury JC – 2 October 2010 – R 12

hearingid: 1c7e999305b005a0daa39c53abd96ac3

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horsename:

hearing_racingtype: thoroughbred-racing

startdate: 02/10/2010

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plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Canterbury JC - 2 October 2010 - R 12

charge:

facts:

appealdecision:

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Decision:

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr M Williamson, Stipendiary Steward

Defendant:  S Muniandy, Apprentice Jockey (accompanied by Mr T Kennedy, Licensed Trainer

Information No:  250

Meeting:  Canterbury Jockey Club

Date:  2 October 2010

Venue:  Canterbury Park

Race:  12

Rule No:  638(1)(d)

Judicial Committee:  KG Hales, Chairman - J Millar, Committee Member

Plea:  Not Admitted

FACTS:

As a result of an incident in Race 12, Mr M Williamson, Stipendiary Steward, filed an information alleging that:

“Mr S Muniandy, rider of “Time and Moment” allowed his mount to shift in when not clear, dictating “Champagne Rose” (J Bates) on to “Draconic” (A Denby) who was crowded and had to check.  This happened near the 1,000 metres. “

As a consequence, Mr Muniandy was charged with a breach of Rule 638(1)(d). 

Rule 638(1)(d) reads as follows:

“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d)        careless.”

THE FACTS:

Mr Williamson opened his case by saying that shortly after the start, Mr Muniandy, who was racing approximately six wide, commenced an inwards movement, and in the process dictated the line of racing that was being taken by Mr Bates riding “Champagne Rose”.  He said that as a result of this, “Champagne Rose” crowded “Draconic” ridden by Ms Amelia Denby, who had to check her mount in order to avoid the heels of Mr Bates’ mount. 

Mr Williamson called Mr J McLaughlin, Stipendiary Steward, to describe the incident with the assistance of the video coverage.  Mr McLaughlin showed the incident from a head on perspective and a side on perspective. 

Mr McLaughlin pointed out how Mr Muniandy was moving across, and was only perhaps a neck in front of Mr Bates.  In turn, Ms Denby’s mount was perhaps half a length on Mr Bates’ mount, “Champagne Rose”.  He pointed out from the video coverage how this, in turn, caused Ms Denby to check her mount in order to avoid contact with the heels of Mr Bates’ mount.  Mr Kennedy, who was assisting Mr Muniandy, did not have any cross-examination of Mr McLaughlin. 

Mr Williamson then called Mr J Bates, the rider of “Champagne Rose”, to give evidence.  Mr Bates told the hearing that he received pressure from his outside and as a consequence, was “dictated to”.

On further enquiry from the chair, Mr Bates clarified the situation and said that “Time and Moment” (Mr Muniandy’s mount), was coming across, although Mr Bates then qualified his evidence by saying that the fact that “Time and Moment” was coming across, did not really affect him very much. 

Mr Kennedy was given the opportunity to cross-examine Mr Bates.  He enquired if Mr Bates was receiving pressure from the horse on the inside of him (“Draconic”), which was racing erratically.  Mr Bates agreed that was the situation.  He went on to say that “Draconic” (Ms Denby) was racing erratically right from the start, and in his view, Mr Bates felt that Ms Denby’s problems were of her own making. 

Mr Bates then went on to confirm his evidence by reference to the video coverage, in which he explained that he was endeavouring to keep away from Ms Denby, but stated that he did not believe there was any contact made by his horse with

Ms Denby’s mount, or with Mr Muniandy’s mount.

Mr Williamson did not have any re-examination of Mr Bates.

Mr Williamson then called Ms Amelia Denby, the rider of “Draconic”.  Ms Denby said that she was receiving pressure from the outside.  She said that her horse was racing erratically, which had been caused by earlier interference which she incurred not long after the start.  She said her horse began “over-racing” from the start. 

However, Ms Denby maintained that her line was then dictated by “Champagne Rose” and that she was crowded and checked.  She said that the head of “Champagne Rose” was turned outwards, and was trying to get out of the gap. 

Mr Kennedy cross-examined Ms Denby, and enquired whether or not she was trying to move her horse back, in any event.  Ms Denby agreed that was the case, but said that Mr Bates’ horse was wayward and that she had to check, because of the pressure that was coming from Mr Bates. 

Mr Kennedy put it to Ms Denby that Mr Muniandy was not dictating Mr Bates’ line, because Mr Bates’ mount had its head turned to the outside, as Mr Bates was trying to keep clear of “Draconic”.  She agreed, in response to further questions from Mr Kennedy, that she checked the horse out of the line she was on herself, because her instincts told her that because of the erratic way in which Mr Bates’ horse was racing, that it would move over into the gap which was ahead of her.

Ms Denby was then shown the video coverage and noted that she did not realise that Mr Bates was getting pressure from the outside.  She maintained that her horse, “fell over” the heels of “Champagne Rose”. 

Mr Williamson did not have any questions in re-examination. 

Mr Kennedy then assisted Mr Muniandy in presenting his defence.  It was maintained, using the video coverage for assistance, that both Mr Muniandy and Mr Bates were sufficiently clear when they began an inwards movement towards the rail.  However, Mr Kennedy pointed out to the hearing that he did not believe that Ms Denby was strong enough to restrain her horse, and as a consequence, said that she was responsible for the damage that was caused to her mount. 

Mr Muniandy, with the assistance of Mr Kennedy, confirmed that there was no contact between horses, and he did not believe that he caused the pressure to

Mr Bates as was alleged.

Mr Williamson summed up for the Stipendiary Stewards.  He noted:

·           It is clearly established that “Draconic” was over-racing and was proving to be a difficult ride for Ms Denby.

·             Mr Williamson believed that there was sustained pressure from “Champagne Rose” on Mr Denby’s mount. 

·             He said that “Time and Moment” was dictating Mr Bates’ line and that Mr Bates was trying to look after the rider on his inside.

·             He pointed out that there were three runners to the inside of Mr Bates when there was not enough room for that number of horses.

·             Mr Williamson stated that every horse is entitled to racing room, and that “Time and Moment” shifted when not sufficiently clear.  He believed that “Draconic” lost a minimum of two lengths as a result of the check. 

In summary, Mr Kennedy stated that he remained firmly of the view that the check that “Draconic” occurred was as a result of Ms Denby pulling her horse back, and not from any actions on Mr Muniandy’s part.

DECISION:

The start of this race was extremely untidy.  There was, from the outset, contact between a number of horses, and all three horses involved in this enquiry, seem to have been involved in one way or another in somewhat of a “ragged” start. 

Ms Denby, in her evidence, stated that her horse was racing erratically because of the interference that it had received in the very early stages of the race.  The video coverage also showed that Mr Bates’ mount was racing erratically, with its head turned to the outside. 

The emphasis of the Stipendiary Steward’s case was on the check that Ms Denby received.  The Stipendiary Stewards took the view that this check was caused as a result of there being insufficient room, and that Mr Muniandy was responsible for creating that situation. 

However, the Stipendiary Stewards’ case was not assisted by Mr Bates’ evidence.  Mr Bates said, quite clearly, that even though “Time and Moment” was coming across, he did not believe that the actions of “Time and Moment” affected him a great deal.  He further agreed in cross-examination, that there was pressure on him from the horse on his inside, namely “Draconic”, which was racing erratically.  Mr Bates said that “Draconic” was racing erratically as soon as it jumped from the starting stalls, and he believed that Ms Denby had caused the problems that she encountered, herself.

We gave careful thought to the evidence of the Stipendiary Stewards and the statements made by witnesses and the concessions made by the Stipendiary Stewards’ witnesses in cross-examination. 

In order to find a charge such as this approved, we must be satisfied that Mr Muniandy was in breach of Rule 638(1)(d).  The standard of proof is high, but it is not as high as is required in the Criminal Courts, which is to a standard of beyond reasonable doubt.

After due consideration, we are not satisfied that Mr Muniandy rode carelessly.  There did not seem to be any evidence of contact being made with Ms Denby’s mount.  Clearly, she was having difficulties with her mount almost from the start of the race.  She said that she checked her horse back because of the way it was racing, and in our opinion, that is what has been disclosed, both from the video coverage, and from the oral evidence.  Whilst there may have been some inward movement by Mr Muniandy’s horse, having regard to Mr Bates’ evidence, we are not satisfied that this contributed to the check to “Draconic”.

Accordingly, the charge is dismissed.

sumissionsforpenalty:

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penalty:

hearing_type: Old Hearing

Rules: 638(1)(d)

Informant:

JockeysandTrainer:

Otherperson:

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Respondent:

StipendSteward:

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