Canterbury R 16 March 2017 – R 8 – Chair, Mr S Ching
ID: JCA10979
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 16 March 2017
Meet Chair:
SChing
Meet Committee Member 1:
DJackson
Race Date:
2017/03/16
Race Number:
R8
Decision:
As Mr Mudhoo had admitted this breach of the Rules it was found to be proved.
Penalty:
Mr Mudhoo’s request for a deferment until after Otago on 20 March was granted.
We therefore determined that Mr Mudhoo’s Class B Jockeys licence be suspended from the conclusion of racing Monday 20 March up to and including 1 April 2017. This suspension encompasses the days racing at Wyndham at Gore 23 March, Riccarton on 25 March and Southland on 1 April 2017.
Facts:
Following the running of Race 8, the Racecourse Hotel & Motor Lodge Rating 75, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Mr K Mudhoo, the rider of STOLEN HEART, alleging careless riding near the 1800m, in that he allowed his mount to shift in when not clear of SPIDER LILLY which was checked.
Rule 638(1)(d) provides as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Mudhoo had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Mudhoo also agreed that he understood the charge and the Rule it was brought under. Mr W Harnett, NZTR Apprentice Mentor, and Class A Trainer Mrs K Parsons assisted Mr Mudhoo at the hearing.
Mr McLaughlin, with the assistance of Stipendiary Steward Mr Williamson, gave evidence and used video coverage to show that shortly after the start and passing the 1800m, Mr Mudhoo, riding STOLEN HEART, was in a 3-wide position with SPIDER LILY, ridden by Mr C Johnson, immediately inside in a 2-wide position. Mr Williamson pointed out on the video Mr Mudhoo shifting inwards and into the line of SPIDER LILY when not even his own length ahead and not clear, causing that horse to check. Mr Williamson stated that Mr Mudhoo did take corrective action, albeit too late, as he had already caused the check to SPIDER LILY. He also stated that SPIDER LILY was not affected greatly by the check and that SPIDER LILY’s tendency to over race contributed to the incident.
Mr Mudhoo stated that he was the widest horse racing 3 to 4 wide at the time and he did not want to stay wide during the running. He said that he asked Mr Johnson, when on his outer, whether he wanted the lead as his horse was racing keenly. Mr Mudhoo said Mr Johnson did not reply so he opted to go forward and assume the lead. Mr Mudhoo conceded that he was not clear of Mr Johnson in this incident.
Mr Harnett acknowledged that Mr Mudhoo was not clear and caused Mr Johnson some inconvenience. He stated that Mr Mudhoo did come into the line of Mr Johnson but it was only brief and he immediately shifted back out once he knew he was there. He also said that the horse inside Mr Johnson did not help the situation because it seemed to follow a straight course around the bend and contributed to the incident. Mr Harnett believed there was room inside Mr Johnson for a bit of relief but this was not utilised.
Submissions for Penalty:
Mr McLaughlin stated that Mudhoo’s record showed 3 breaches over the previous 12 months being 17 September 2016 where he received a 2-day suspension, 5 November 2016 at Riccarton where he also received a 4-day suspension and a 4-day suspension at Wellington on 14 January 2017. Mr McLaughlin stated that the breach was at a low level and Mr Mudhoo had admitted the breach. Mr McLaughlin submitted that a term of suspension consistent with other penalties of similar breaches be considered in this case.
Mrs Parsons asked if consideration could be given to a fine being imposed instead of a suspension, due to the shortage of jockeys in the South Island. Mr McLaughlin opposed any proposal of a fine. The Committee advised Mrs Parsons that fines for careless riding were only considered in an extraordinary situation and this was not one of them. Mrs Parsons also stated that Mr Mudhoo was “hard done by” at Wellington when suspended there.
Mr Harnett submitted that the breach was low level and that Mr Mudhoo was ‘hard done by’ with both the penalties at both Wellington and Riccarton.
The matter of deferment was discussed with Mr Mudhoo seeking leave to defer his penalty until after the Otago meeting on Monday 20 March where he had commitments.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Mr Mudhoo’s admission of the breach and the level of carelessness, which we assessed as low. We also took into account Mr Mudhoo’s penalty record which showed 3 breaches over the previous 12 months, his most recent in January, which we determined was an aggravating factor in this case. In adopting the JCA Penalty Guide starting point of 3 days for a South Island rider the Committee determined that the aggravating factor warranted an uplift in penalty which we set at 1 day taking the penalty to 4 days. We were however, able to afford Mr Mudhoo a discount of 1 day for his admission of the breach. 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: 0fc33a173ea3451ae132a5480d4167a0
informantnumber: A8125
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 638(1)(d)-Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 19/03/2017
hearing_title: Canterbury R 16 March 2017 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Racecourse Hotel & Motor Lodge Rating 75, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Mr K Mudhoo, the rider of STOLEN HEART, alleging careless riding near the 1800m, in that he allowed his mount to shift in when not clear of SPIDER LILLY which was checked.
Rule 638(1)(d) provides as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Mudhoo had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Mudhoo also agreed that he understood the charge and the Rule it was brought under. Mr W Harnett, NZTR Apprentice Mentor, and Class A Trainer Mrs K Parsons assisted Mr Mudhoo at the hearing.
Mr McLaughlin, with the assistance of Stipendiary Steward Mr Williamson, gave evidence and used video coverage to show that shortly after the start and passing the 1800m, Mr Mudhoo, riding STOLEN HEART, was in a 3-wide position with SPIDER LILY, ridden by Mr C Johnson, immediately inside in a 2-wide position. Mr Williamson pointed out on the video Mr Mudhoo shifting inwards and into the line of SPIDER LILY when not even his own length ahead and not clear, causing that horse to check. Mr Williamson stated that Mr Mudhoo did take corrective action, albeit too late, as he had already caused the check to SPIDER LILY. He also stated that SPIDER LILY was not affected greatly by the check and that SPIDER LILY’s tendency to over race contributed to the incident.
Mr Mudhoo stated that he was the widest horse racing 3 to 4 wide at the time and he did not want to stay wide during the running. He said that he asked Mr Johnson, when on his outer, whether he wanted the lead as his horse was racing keenly. Mr Mudhoo said Mr Johnson did not reply so he opted to go forward and assume the lead. Mr Mudhoo conceded that he was not clear of Mr Johnson in this incident.
Mr Harnett acknowledged that Mr Mudhoo was not clear and caused Mr Johnson some inconvenience. He stated that Mr Mudhoo did come into the line of Mr Johnson but it was only brief and he immediately shifted back out once he knew he was there. He also said that the horse inside Mr Johnson did not help the situation because it seemed to follow a straight course around the bend and contributed to the incident. Mr Harnett believed there was room inside Mr Johnson for a bit of relief but this was not utilised.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Mudhoo had admitted this breach of the Rules it was found to be proved.
sumissionsforpenalty:
Mr McLaughlin stated that Mudhoo’s record showed 3 breaches over the previous 12 months being 17 September 2016 where he received a 2-day suspension, 5 November 2016 at Riccarton where he also received a 4-day suspension and a 4-day suspension at Wellington on 14 January 2017. Mr McLaughlin stated that the breach was at a low level and Mr Mudhoo had admitted the breach. Mr McLaughlin submitted that a term of suspension consistent with other penalties of similar breaches be considered in this case.
Mrs Parsons asked if consideration could be given to a fine being imposed instead of a suspension, due to the shortage of jockeys in the South Island. Mr McLaughlin opposed any proposal of a fine. The Committee advised Mrs Parsons that fines for careless riding were only considered in an extraordinary situation and this was not one of them. Mrs Parsons also stated that Mr Mudhoo was “hard done by” at Wellington when suspended there.
Mr Harnett submitted that the breach was low level and that Mr Mudhoo was ‘hard done by’ with both the penalties at both Wellington and Riccarton.
The matter of deferment was discussed with Mr Mudhoo seeking leave to defer his penalty until after the Otago meeting on Monday 20 March where he had commitments.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Mr Mudhoo’s admission of the breach and the level of carelessness, which we assessed as low. We also took into account Mr Mudhoo’s penalty record which showed 3 breaches over the previous 12 months, his most recent in January, which we determined was an aggravating factor in this case. In adopting the JCA Penalty Guide starting point of 3 days for a South Island rider the Committee determined that the aggravating factor warranted an uplift in penalty which we set at 1 day taking the penalty to 4 days. We were however, able to afford Mr Mudhoo a discount of 1 day for his admission of the breach. We therefore determined that a 3-day suspension was an appropriate penalty in this case.
penalty:
Mr Mudhoo’s request for a deferment until after Otago on 20 March was granted.
We therefore determined that Mr Mudhoo’s Class B Jockeys licence be suspended from the conclusion of racing Monday 20 March up to and including 1 April 2017. This suspension encompasses the days racing at Wyndham at Gore 23 March, Riccarton on 25 March and Southland on 1 April 2017.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J McLaughlin - Stipendiary Steward
JockeysandTrainer: K Mudhoo-Licensed Class B Apprentice Rider
Otherperson: K Parsons-Class A Trainer, W Harnett-NZTR Apprentice Mentor, Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 557b499033548b4e83ca62cd79b00dbc
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: 3450a2c35b095c9dd39ba9bef6e4fc98
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/03/2017
meet_title: Canterbury Racing - 16 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DJackson
meet_pm2: none
name: Canterbury Racing