Archive Decision

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Otago RC 27 November 2011 – R 3

ID: JCA11185

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr S Muniandy - Apprentice Jockey

Other Person:
Mr S Anderton - assisting Mr S Muniandy

Information Number:
5856

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 27 November 2011

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2011/11/27

Race Number:
R 3

Decision:

As Mr Muniandy admitted the breach, the charge was found proved. 

Penalty:

Mr Muniandy is suspended from the end of racing today up to and including 10 December. This is 2 South Island days. 

Charge:

Mr Davidson alleged that Mr S Muniandy (OUTRAGEOUS FORTUNE) allowed his mount to shift out when not clear causing a check to BENABAR (L McKay) passing the 100 metres. 

Facts:

Mr Ray demonstrated on the video that Ms Direen on NOBLE REASON initially dictated Mr Muniandy wider on the track but after she straightened her mount the defendant continued to shift outwards while using the whip, with the consequence that he came into the running line of BENABAR which clipped the heel of OUTRAGEOUS FORTUNE.

Mr S Anderton, who assisted Mr Muniandy, asked us to take into account that Mr Muniandy’s mount had shied at the tents on the inner of the track, as did another horse in a later race.

Submissions for Penalty:

Mr Davidson produced the defendant’s record, which he described as very good, with only one suspension for careless riding this season, on 26 April last when the defendant was suspended for 2 days. Mr Davidson said in his view the breach was mid range and he asked for no more than two calendar weeks’ suspension.

Mr Muniandy did not disagree with Mr Davidson’s submission as to penalty.

Reasons for Penalty:

We agree that the breach is correctly described as being mid range. The defendant has continued to use the whip when shifting outwards on the track and into the line of BENABAR. The consequence was that his horse clipped a heel and suffered quite a severe check. That said, mitigating factors were that OUTRAGEOUS FORTUNE was initially pushed wider by Ms Direen’s mount and that, as Mr Anderton stated, and Mr Davidson accepted, horses have been running away from the tents erected inside the course.

Mr Muniandy’s record is excellent and on giving credit to this and his admission of the breach, we accept Mr Davidson’s submission that no more than 2 weeks’ suspension is appropriate.

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: 186062cee952989a6bba1a057fc748c2


informantnumber: 5856


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 23/11/2011


hearing_title: Otago RC 27 November 2011 - R 3


charge:

Mr Davidson alleged that Mr S Muniandy (OUTRAGEOUS FORTUNE) allowed his mount to shift out when not clear causing a check to BENABAR (L McKay) passing the 100 metres. 


facts:

Mr Ray demonstrated on the video that Ms Direen on NOBLE REASON initially dictated Mr Muniandy wider on the track but after she straightened her mount the defendant continued to shift outwards while using the whip, with the consequence that he came into the running line of BENABAR which clipped the heel of OUTRAGEOUS FORTUNE.

Mr S Anderton, who assisted Mr Muniandy, asked us to take into account that Mr Muniandy’s mount had shied at the tents on the inner of the track, as did another horse in a later race.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Muniandy admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr Davidson produced the defendant’s record, which he described as very good, with only one suspension for careless riding this season, on 26 April last when the defendant was suspended for 2 days. Mr Davidson said in his view the breach was mid range and he asked for no more than two calendar weeks’ suspension.

Mr Muniandy did not disagree with Mr Davidson’s submission as to penalty.


reasonsforpenalty:

We agree that the breach is correctly described as being mid range. The defendant has continued to use the whip when shifting outwards on the track and into the line of BENABAR. The consequence was that his horse clipped a heel and suffered quite a severe check. That said, mitigating factors were that OUTRAGEOUS FORTUNE was initially pushed wider by Ms Direen’s mount and that, as Mr Anderton stated, and Mr Davidson accepted, horses have been running away from the tents erected inside the course.

Mr Muniandy’s record is excellent and on giving credit to this and his admission of the breach, we accept Mr Davidson’s submission that no more than 2 weeks’ suspension is appropriate.


penalty:

Mr Muniandy is suspended from the end of racing today up to and including 10 December. This is 2 South Island days. 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr S Muniandy - Apprentice Jockey


Otherperson: Mr S Anderton - assisting Mr S Muniandy


PersonPresent:


Respondent:


StipendSteward:


raceid: c8330befe02cd96e18a4519ca13278df


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5eaad8a5f10a252b9029c3be300842f2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/11/2011


meet_title: Otago RC - 27 November 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Otago RC