Archive Decision

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Greymouth JC 5 January 2020 – R 4 – Chair, Mr S Ching

ID: JCA12185

Applicant:
M Davidson- Stipendiary Steward, Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr R Mudhoo - Licensed Class B Apprentice Rider

Other Person:
Mr M McCann - Licensed Trainer, Mr D Walsh - Apprentice Jockey Mentor assisting Mr Mudhoo

Information Number:
A11862

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Greymouth JC - 5 January 2020

Meet Chair:
SChing

Meet Committee Member 1:
DAnderson

Race Date:
2020/01/05

Race Number:
R4

Decision:

As Mr Mudhoo had admitted this breach of the Rules it was found to be proved.

Penalty:

Mr Mudhoo’s Class B Jockeys licence is suspended from the conclusion of racing Saturday 11 January up to and including 17 January 2020.

Facts:

Following the running of Race 4 an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr R Mudhoo, in that he angled his mount MIDDAGURD, outwards when not clear of TIMES TIME, which was checked near the 175m.

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 M McCann, Licensed Trainer and employer of Mr Mudhoo and Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Mudhoo at the hearing.

Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and used video coverage to show that approaching the 200m, Mr Mudhoo, riding MIDDAGURD, was racing 2 off and 3 back as the field turned for home. Mr Oatham pointed out Mr Mudhoo shift out when not sufficiently clear, only a touch over a bare length ahead of TIMES TIME, who had to check.

Mr Mudhoo and Mr McCann elected to make no submissions in regard to the incident with Mr Walsh stating that the breach was clear to see on the films.

Submissions for Penalty:

Mr Davidson stated that Mr Mudhoo’s record showed a breach of this Rule nearly 12 months prior at Gore on 19 January 2019 where he received a 9 National day suspension in a Group race. Mr Davidson stated that the breach was low range and submitted that a 6 National day starting point be considered in this case.

Mr Walsh stated that Mr Mudhoo had ridden on nearly 300 occasions since his last offence in January last year.

The matter of deferment was discussed with Mr Mudhoo requesting a deferment until after racing on 11 January.

Reasons for Penalty:

The JCA Penalty Guide provides a 6-national day suspension as a starting point for a low range breach of this Rule. We agreed with Mr Davidson that this breach was low level and accordingly adopted a 6-national day starting point. There were no aggravating factors to consider therefore no uplift in penalty. There were however mitigating factors to consider firstly, Mr Mudhoo’s record which we determined was good as it was nearly 12 months and nearly 300 rides since his last breach, and secondly, his frank admission of the breach. We determined that a combined discount of 1 day be applied for these factors. We therefore determined that a 5-day suspension was an appropriate penalty.

Mr Mudhoo’s request for a deferment until after racing on 11 January is granted.

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: 3ced4e17203a1eddb981372923c87714


informantnumber: A11862


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 08/01/2020


hearing_title: Greymouth JC 5 January 2020 - R 4 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 4 an Information was filed by Stipendiary Steward, Mr M Davidson, against Class B Rider, Mr R Mudhoo, in that he angled his mount MIDDAGURD, outwards when not clear of TIMES TIME, which was checked near the 175m.

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 M McCann, Licensed Trainer and employer of Mr Mudhoo and Mr D Walsh, NZTR Apprentice Mentor, assisted Mr Mudhoo at the hearing.

Mr Davidson, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and used video coverage to show that approaching the 200m, Mr Mudhoo, riding MIDDAGURD, was racing 2 off and 3 back as the field turned for home. Mr Oatham pointed out Mr Mudhoo shift out when not sufficiently clear, only a touch over a bare length ahead of TIMES TIME, who had to check.

Mr Mudhoo and Mr McCann elected to make no submissions in regard to the incident with Mr Walsh stating that the breach was clear to see on the films.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Mudhoo had admitted this breach of the Rules it was found to be proved.


sumissionsforpenalty:

Mr Davidson stated that Mr Mudhoo’s record showed a breach of this Rule nearly 12 months prior at Gore on 19 January 2019 where he received a 9 National day suspension in a Group race. Mr Davidson stated that the breach was low range and submitted that a 6 National day starting point be considered in this case.

Mr Walsh stated that Mr Mudhoo had ridden on nearly 300 occasions since his last offence in January last year.

The matter of deferment was discussed with Mr Mudhoo requesting a deferment until after racing on 11 January.


reasonsforpenalty:

The JCA Penalty Guide provides a 6-national day suspension as a starting point for a low range breach of this Rule. We agreed with Mr Davidson that this breach was low level and accordingly adopted a 6-national day starting point. There were no aggravating factors to consider therefore no uplift in penalty. There were however mitigating factors to consider firstly, Mr Mudhoo’s record which we determined was good as it was nearly 12 months and nearly 300 rides since his last breach, and secondly, his frank admission of the breach. We determined that a combined discount of 1 day be applied for these factors. We therefore determined that a 5-day suspension was an appropriate penalty.

Mr Mudhoo’s request for a deferment until after racing on 11 January is granted.


penalty:

Mr Mudhoo’s Class B Jockeys licence is suspended from the conclusion of racing Saturday 11 January up to and including 17 January 2020.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: M Davidson- Stipendiary Steward, Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr R Mudhoo - Licensed Class B Apprentice Rider


Otherperson: Mr M McCann - Licensed Trainer, Mr D Walsh - Apprentice Jockey Mentor assisting Mr Mudhoo


PersonPresent:


Respondent:


StipendSteward:


raceid: 90fe79cb195822270469fdb13ffa689f


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 25559380dd8411536a0cf3cc5e846018


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/01/2020


meet_title: Greymouth JC - 5 January 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: greymouth-jc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: DAnderson


meet_pm2: none


name: Greymouth JC