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Gore RC 19 January 2019 – R 7 – Chair, Prof G Hall

ID: JCA10560

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr S Chowdhoory - Class B Jockey, Mr J McLaughlin - Stipendiary Steward

Other Person:
Mr M Pitman - Licensed Trainer

Information Number:
A9066

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Gore RC - 19 January 2019

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2019/01/19

Race Number:
R 7

Decision:

We find the breach proved.

Penalty:

Mr Chowdhoory’s licence is suspended for 5 National days. This is from the end of racing on 26 January up to and including 6 February 2019.

Facts:

Mr Davidson alleged that Mr Chowdhoory (HIGHLY UNLIKELY) in race 7, the LIQUORLAND GORE GUINEAS, permitted his mount to shift inwards passing the 400 metres when not clear of SUPERSTATIC (R Jones) which was checked.

Submissions for Decision:

Mr McLaughlin, Stipendiary Steward, demonstrated on the films that Mr Chowdhoory was racing one off the fence. Mr Jones was to his inside and a little distance behind him. Mr Chowdhoory shifted inwards, and Mr Jones had to check his mount.

Mr Jones gave evidence for the informant. He stated that he was following WEAPONRY with Mr Chowdhoory to his outside. Mr Chowdhoory had gone straight to the fence. He said he had been calling to Mr Chowdhoory for some 25 metres, but Mr Chowdhoory had taken no notice. He said Mr Chowdhoory had dropped straight under his neck. He believed HIGHLY UNLIKELY was perhaps under pressure and had rolled in. He was trying to keep Mr Chowdhoory out, but Mr Chowdhoory had come in when not a length clear and he had had to take hold. This had cost him ground as his horse was going well at the time. He believed his horse was handling the fence okay. It had not given him any issues before the incident.

Mr Pitman spoke on behalf of Mr Chowdhoory. He believed that the benefit of the doubt should be given to Mr Chowdhoory. He said Mr Jones had had to take hold of his mount on more than one occasion before the incident. In particular, Mr Jones had taken hold of SUPERSTATIC some 25 metres before HIGHLY UNLIKELY had rolled in. He believed that PICK ME UP IN RIO racing to the outside of HIGHLY UNLIKELY had dictated Mr Chowdhoory inwards. The horse was under pressure from the outside. He emphasised that Mr Chowdhoory was not looking for the rail. Mr Chowdhoory was wanting to stay off the rail but had nowhere to go. His instructions to Mr Chowdhoory were to keep handy and to get 3 or 4 off the fence.

Mr Davidson replied that the horse to the outside of Mr Chowdhoory had had no influence on Mr Chowdhoory. Mr Chowdhoory had not been forced inwards. Had he thought that was the case, he would not have brought the charge.

Mr Pitman responded that Mr Jones had twice checked his horse when rounding the bend. He thought it may have hit the rail at some point. Mr Jones had taken hold before the incident and the outside horse had rolled in on top of Mr Chowdhoory and had dictated his inwards movement. He added Mr Jones was in an impossible position. His horse was racing erratically and Mr Jones had been unwise to kick up on the bend.

Reasons for Decision:

We do not believe that the role of PICK ME UP IN RIO in the incident was as significant as Mr Pitman has alleged. We can see no evidence on the videos of that horse rolling in on HIGHLY UNLIKELY and dictating Mr Chowdhoory’s line as a consequence. We are satisfied that Mr Chowdhoory has allowed his horse to roll in, perhaps when under pressure, and to take up a position on the fence when not his length and another clear of Mr Jones, who has had to check. We accept that Mr Jones had taken hold of his mount earlier, but on this occasion his checking of SUPERSTATIC was due to Mr Chowdhoory shifting inwards and taking a rails running line.

Submissions for Penalty:

Mr Davidson said this was a low end breach. He believed it had had not affected the outcome of the race. He produced the respondent’s record which showed one breach of this rule in early November. There was also a breach before Mr Chowdhoory moved south. The parties agreed that this breach was not relevant to the matter at hand and that the respondent’s record overall was good. Mr Davidson also referred to the fact the Guineas is a listed race.

Mr Pitman agreed with the Stewards’ assessment of the gravity of the breach. He said Mr Chowdhoory had an exceptional record since shifting south. He was the busiest South Island based rider at present and was riding winners.

Mr Chowdhoory sought a deferment of any suspension that we were to impose until after the Riccarton meeting on 26 January.

Reasons for Penalty:

We believe that the breach is low range. To an extent Mr Chowdhoory has been unlucky as had he shifted a little earlier, he may have been clear of Mr Jones whose horse appeared to be uncomfortable rounding the bend. The obligation on Mr Chowdhoory is to be his length and another clear of Mr Jones. He was not when he allowed his horse to shift in towards the rail.

The starting point is 6 national days. Mr Chowdhoory’s record is very good. His last breach was 4 November, and this was near the start of his riding in the south. It was low-end. Since then he has been exceptionally busy, as Mr Pitman said, riding in virtually every race over the extremely busy holiday period. We were told he had ridden 19 winners from some 100 rides in this time.

Mr Chowdhoory can thus fairly be described as a very busy South Island apprentice. We have balanced the very low end nature of the breach with the fact that this is a listed race. A day’s credit is appropriate for Mr Chowdhoory’s record.

Mr Chowdhoory sought a deferment of any suspension that we were to impose until after the Riccarton meeting on 26 January.

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: 0aae8d28ec16f4dbaf4c56e8e5a0fcc7


informantnumber: A9066


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: denied


penaltyrequired: 1


decisiondate: 24/01/2019


hearing_title: Gore RC 19 January 2019 - R 7 - Chair, Prof G Hall


charge:


facts:

Mr Davidson alleged that Mr Chowdhoory (HIGHLY UNLIKELY) in race 7, the LIQUORLAND GORE GUINEAS, permitted his mount to shift inwards passing the 400 metres when not clear of SUPERSTATIC (R Jones) which was checked.


appealdecision:


isappeal:


submissionsfordecision:

Mr McLaughlin, Stipendiary Steward, demonstrated on the films that Mr Chowdhoory was racing one off the fence. Mr Jones was to his inside and a little distance behind him. Mr Chowdhoory shifted inwards, and Mr Jones had to check his mount.

Mr Jones gave evidence for the informant. He stated that he was following WEAPONRY with Mr Chowdhoory to his outside. Mr Chowdhoory had gone straight to the fence. He said he had been calling to Mr Chowdhoory for some 25 metres, but Mr Chowdhoory had taken no notice. He said Mr Chowdhoory had dropped straight under his neck. He believed HIGHLY UNLIKELY was perhaps under pressure and had rolled in. He was trying to keep Mr Chowdhoory out, but Mr Chowdhoory had come in when not a length clear and he had had to take hold. This had cost him ground as his horse was going well at the time. He believed his horse was handling the fence okay. It had not given him any issues before the incident.

Mr Pitman spoke on behalf of Mr Chowdhoory. He believed that the benefit of the doubt should be given to Mr Chowdhoory. He said Mr Jones had had to take hold of his mount on more than one occasion before the incident. In particular, Mr Jones had taken hold of SUPERSTATIC some 25 metres before HIGHLY UNLIKELY had rolled in. He believed that PICK ME UP IN RIO racing to the outside of HIGHLY UNLIKELY had dictated Mr Chowdhoory inwards. The horse was under pressure from the outside. He emphasised that Mr Chowdhoory was not looking for the rail. Mr Chowdhoory was wanting to stay off the rail but had nowhere to go. His instructions to Mr Chowdhoory were to keep handy and to get 3 or 4 off the fence.

Mr Davidson replied that the horse to the outside of Mr Chowdhoory had had no influence on Mr Chowdhoory. Mr Chowdhoory had not been forced inwards. Had he thought that was the case, he would not have brought the charge.

Mr Pitman responded that Mr Jones had twice checked his horse when rounding the bend. He thought it may have hit the rail at some point. Mr Jones had taken hold before the incident and the outside horse had rolled in on top of Mr Chowdhoory and had dictated his inwards movement. He added Mr Jones was in an impossible position. His horse was racing erratically and Mr Jones had been unwise to kick up on the bend.


reasonsfordecision:

We do not believe that the role of PICK ME UP IN RIO in the incident was as significant as Mr Pitman has alleged. We can see no evidence on the videos of that horse rolling in on HIGHLY UNLIKELY and dictating Mr Chowdhoory’s line as a consequence. We are satisfied that Mr Chowdhoory has allowed his horse to roll in, perhaps when under pressure, and to take up a position on the fence when not his length and another clear of Mr Jones, who has had to check. We accept that Mr Jones had taken hold of his mount earlier, but on this occasion his checking of SUPERSTATIC was due to Mr Chowdhoory shifting inwards and taking a rails running line.


Decision:

We find the breach proved.


sumissionsforpenalty:

Mr Davidson said this was a low end breach. He believed it had had not affected the outcome of the race. He produced the respondent’s record which showed one breach of this rule in early November. There was also a breach before Mr Chowdhoory moved south. The parties agreed that this breach was not relevant to the matter at hand and that the respondent’s record overall was good. Mr Davidson also referred to the fact the Guineas is a listed race.

Mr Pitman agreed with the Stewards’ assessment of the gravity of the breach. He said Mr Chowdhoory had an exceptional record since shifting south. He was the busiest South Island based rider at present and was riding winners.

Mr Chowdhoory sought a deferment of any suspension that we were to impose until after the Riccarton meeting on 26 January.


reasonsforpenalty:

We believe that the breach is low range. To an extent Mr Chowdhoory has been unlucky as had he shifted a little earlier, he may have been clear of Mr Jones whose horse appeared to be uncomfortable rounding the bend. The obligation on Mr Chowdhoory is to be his length and another clear of Mr Jones. He was not when he allowed his horse to shift in towards the rail.

The starting point is 6 national days. Mr Chowdhoory’s record is very good. His last breach was 4 November, and this was near the start of his riding in the south. It was low-end. Since then he has been exceptionally busy, as Mr Pitman said, riding in virtually every race over the extremely busy holiday period. We were told he had ridden 19 winners from some 100 rides in this time.

Mr Chowdhoory can thus fairly be described as a very busy South Island apprentice. We have balanced the very low end nature of the breach with the fact that this is a listed race. A day’s credit is appropriate for Mr Chowdhoory’s record.

Mr Chowdhoory sought a deferment of any suspension that we were to impose until after the Riccarton meeting on 26 January.


penalty:

Mr Chowdhoory’s licence is suspended for 5 National days. This is from the end of racing on 26 January up to and including 6 February 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr S Chowdhoory - Class B Jockey, Mr J McLaughlin - Stipendiary Steward


Otherperson: Mr M Pitman - Licensed Trainer


PersonPresent:


Respondent:


StipendSteward:


raceid: d7530ba22a58e261500b8ab7024b243e


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


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meetdate: 19/01/2019


meet_title: Gore RC - 19 January 2019


meet_expappcomment:


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meet_racingtype: thoroughbred-racing


meet_chair: GHall


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name: Gore RC