Archive Decision

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Canterbury R 7 April 2018 – R 1 – Chair, Mr SChing

ID: JCA11240

Applicant:
M Davidson- Stipendiary Steward

Respondent(s):
Mr K Gundowry - Class A Rider

Other Person:
Mr J McLaughlin - Stipendiary Steward

Information Number:
A1947

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 7 April 2018

Meet Chair:
SChing

Meet Committee Member 1:
TCastles

Race Date:
2018/04/07

Race Number:
R1

Decision:

As Mr Gundowry had admitted the breach, the charge was found proved.

Penalty:

Mr Gundowry’s Class A Jockeys licence is suspended from the conclusion of racing 8 April up to and including 24 April 2018.

Facts:

Following the running of Race 1, the Riccarton Park Function Centre Maiden, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr K Gundowry, alleging careless riding, in that he allowed his mount DAMANAKA to shift in near the 1100m when not clear of VILLERET, ridden by Mr K Mudhoo, 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 Gundowry had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Gundowry also agreed that he understood the charge and the Rule it was brought under.

Mr Davidson, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that nearing the 1100m, DAMANAKA, ridden by Mr Gundowry, was racing approximately 4 off the rail with VILLERET, ridden by Mr K Mudhoo, on his inside. Mr McLaughlin pointed out Mr Gundowry, who he said, was on an inward movement and dictating Mr Mudhoo inwards when only a bare length in front of him. Mr Mudhoo, he said, then had to check out of his rightful running when he eventually ran out of room. Mr Davidson stated that the breach was mid-range.

Mr Gundowry stated that his horse hangs in quite badly and had jumped awkwardly from the gates. He also said that he had looked behind him a few times and had misjudged his inward movement.

Submissions for Penalty:

Mr Davidson stated that Mr Gundowry’s penalty record showed 4 breaches of this rule in the previous 12 months being 7 National days at Riccarton on 15 November, 9 National days at Riccarton on 8 December 2017, 10 National days at Riccarton and 10 National days at Otago on 3 March 2018. He stated that the breach was mid-range and with the JCA Penalty Guide providing an 8 National day starting point for a mid-range breach, an uplift in penalty should be considered due to Mr Gundowry’s poor penalty record.

Deferment was not discussed as there were no relevant meetings within the next 7 days for Mr Gundowry. The riders were declared at the Pukekohe Meeting on 8 April, so any suspension would begin after that meeting.

Reasons for Penalty:

The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee, agreed with the Stewards and assessed this breach as mid-range, determining that a 8-day starting point was appropriate. The only aggravating factor was Mr Gundowry’s record which showed 4 breaches of this rule within the past 6 months. This factor we determined warranted an uplift in penalty which we set at 4 days. We were however able to afford Mr Gundowry a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 11 National-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: 1a4d7c1aea12d042080cfffbfdf08455


informantnumber: A1947


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 08/04/2018


hearing_title: Canterbury R 7 April 2018 - R 1 - Chair, Mr SChing


charge:


facts:

Following the running of Race 1, the Riccarton Park Function Centre Maiden, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr K Gundowry, alleging careless riding, in that he allowed his mount DAMANAKA to shift in near the 1100m when not clear of VILLERET, ridden by Mr K Mudhoo, 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 Gundowry had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Gundowry also agreed that he understood the charge and the Rule it was brought under.

Mr Davidson, with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that nearing the 1100m, DAMANAKA, ridden by Mr Gundowry, was racing approximately 4 off the rail with VILLERET, ridden by Mr K Mudhoo, on his inside. Mr McLaughlin pointed out Mr Gundowry, who he said, was on an inward movement and dictating Mr Mudhoo inwards when only a bare length in front of him. Mr Mudhoo, he said, then had to check out of his rightful running when he eventually ran out of room. Mr Davidson stated that the breach was mid-range.

Mr Gundowry stated that his horse hangs in quite badly and had jumped awkwardly from the gates. He also said that he had looked behind him a few times and had misjudged his inward movement.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Gundowry had admitted the breach, the charge was found proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Gundowry’s penalty record showed 4 breaches of this rule in the previous 12 months being 7 National days at Riccarton on 15 November, 9 National days at Riccarton on 8 December 2017, 10 National days at Riccarton and 10 National days at Otago on 3 March 2018. He stated that the breach was mid-range and with the JCA Penalty Guide providing an 8 National day starting point for a mid-range breach, an uplift in penalty should be considered due to Mr Gundowry’s poor penalty record.

Deferment was not discussed as there were no relevant meetings within the next 7 days for Mr Gundowry. The riders were declared at the Pukekohe Meeting on 8 April, so any suspension would begin after that meeting.


reasonsforpenalty:

The JCA Penalty Guide for a mid-range breach of this rule is an 8 National day suspension. The Committee, agreed with the Stewards and assessed this breach as mid-range, determining that a 8-day starting point was appropriate. The only aggravating factor was Mr Gundowry’s record which showed 4 breaches of this rule within the past 6 months. This factor we determined warranted an uplift in penalty which we set at 4 days. We were however able to afford Mr Gundowry a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 11 National-day suspension was an appropriate penalty in this case.


penalty:

Mr Gundowry’s Class A Jockeys licence is suspended from the conclusion of racing 8 April up to and including 24 April 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: M Davidson- Stipendiary Steward


JockeysandTrainer: Mr K Gundowry - Class A Rider


Otherperson: Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f2ce00fc62504ad4fad337112d755875


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 723cdb50c36fcd404019851ef406145d


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/04/2018


meet_title: Canterbury Racing - 7 April 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: TCastles


meet_pm2: none


name: Canterbury Racing