Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Otago RC – 7 March 2009 – Race 6

ID: JCA21082

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Otago RC - 7 March 2009

Race Date:
2009/03/07

Race Number:
Race 6

Decision: Under Rule 871 (1) (d) : Mr Davidson alleged that Mr Muniandy was guilty of careless riding in that he allowed his mount BAILEY’S STAR to shift ground inwards when not clear causing crowding to ELSHADAI, VENTILATOR and GROOVE ARMADA near the 1200 metres.


Under Rule 871 (1) (d) : Mr Davidson alleged that Mr Muniandy was guilty of careless riding in that he allowed his mount BAILEY’S STAR to shift ground inwards when not clear causing crowding to ELSHADAI, VENTILATOR and GROOVE ARMADA near the 1200 metres.

--

Mr Davidson had Mr Ching show the incident on the videos.  He demonstrated that Mr Muniandy on BAILEY’S STAR moved across some 100 to 150 metres after the start when not a length and another length clear causing crowding to the horses on his inner.  The side-on video showed Mr Muniandy was a length clear at best.

--

Mr Davidson then called Mr Johnson, the rider of ELSHADAI, which was the horse immediately on Mr Muniandy’s inner. He said that he received a little bit of pressure from the horse on his outside which he identified as BAILEY’S STAR. He said he was forced in and that this pressure continued for 3 or 4 strides before it was released. When questioned by Mr Anderton as to whether there was pressure from his inside, he said he was not sure that it was from the inside. He thought it was from the outside. After viewing the videos, and when questioned by the Chairman as to whether he still believed the pressure was from his outside, he said he did, but he now accepted there was movement from the inside as well.

--

Mr Yusof, the rider of GROOVE ARMADA, the horse to the inner of ELSHADAI, said there was pressure from his outside. He said he tried to keep his line, but he got squeezed and nearly clipped heels. When questioned as to whether there was movement from his inside, he said he was not sure that there was. He said he was looking after the runners on his inside.

--

Mr Anderton, in Mr Muniandy’s defence, said the movement was from the inside and that this was what had caused the crowding to ELSHADAI and GROOVE ARMADA.

--

We are satisfied that Mr Muniandy allowed his mount to move inwards when not his length and another clear of Mr Johnson. The result was crowding to ELSHADAI, VENTILATOR and GROOVE ARMADA. We accept Mr Anderton is correct when he says there was movement from the inside but significantly, in our view, this was after Mr Muniandy had come across. Mr Johnson was very clear in his evidence that the pressure was from his outside. Despite viewing the videos and hearing Mr Anderton’s interpretation of events, Mr Johnson was still of the view that the pressure was from his outside. We agree that Mr Muniandy’s movement was the initial movement. It was followed very closely by outwards movement from the inside horses, squeezing Mr Yusof and Mr Johnson. We thus find the charge of careless riding proved.

--

The issue of penalty has not arisen until 2 hours after the last race. As Mr Anderton has left the racecourse, and no experienced jockey or trainer is available, the hearing as to penalty is deferred until Ashburton on 13 March. Mr Muniandy has agreed to the penalty decision being made at this time by the Chairman, as Mr Acklin is not available on that day.

--

Penalty

--

Mr Davidson has described the incident as mid-range and has asked for 4 to 5 days suspension.

--

Mr Quentin Prendergast, who has appeared for Mr Muniandy at the penalty hearing, has said that Mr Johnson’s mount was laying in and that this has made the incident look worse. He said the other horse contributed to the incident. Mr Prendergast read a statement from Mr Anderton, who appeared for Mr Muniandy at the breach hearing. This states that Mr Muniandy did cross Mr Johnson’s mount when only 1 length clear causing Mr Johnson to ease. He says he believes the incident was only minor and that the tightening of the inside horses was caused by the inside horses shifting out.
 
I would assess the breach as at the bottom end of mid-range. There was movement from the inside horses, but this was after Mr Muniandy had moved across when not his length and another clear. I accept this movement from the inner has further caused Mr Johnson’s mount to be checked. I have taken into account Mr Muniandy’s record of only one breach this season. Having regard to the fact that he would have had in excess of 300 rides in this time, his record can be described as very good. I suspend Mr Muniandy from the end of riding at Invercargill on 15 March up to and including 4 April. This is 4 South Island racing days.

--

Geoff Hall   Chairman
Glen Acklin   Member

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: 9ea2fe90913a4587717351d9189b7537


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 07/03/2009


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Otago RC - 7 March 2009 - Race 6


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Under Rule 871 (1) (d) : Mr Davidson alleged that Mr Muniandy was guilty of careless riding in that he allowed his mount BAILEY’S STAR to shift ground inwards when not clear causing crowding to ELSHADAI, VENTILATOR and GROOVE ARMADA near the 1200 metres.


Under Rule 871 (1) (d) : Mr Davidson alleged that Mr Muniandy was guilty of careless riding in that he allowed his mount BAILEY’S STAR to shift ground inwards when not clear causing crowding to ELSHADAI, VENTILATOR and GROOVE ARMADA near the 1200 metres.

--

Mr Davidson had Mr Ching show the incident on the videos.  He demonstrated that Mr Muniandy on BAILEY’S STAR moved across some 100 to 150 metres after the start when not a length and another length clear causing crowding to the horses on his inner.  The side-on video showed Mr Muniandy was a length clear at best.

--

Mr Davidson then called Mr Johnson, the rider of ELSHADAI, which was the horse immediately on Mr Muniandy’s inner. He said that he received a little bit of pressure from the horse on his outside which he identified as BAILEY’S STAR. He said he was forced in and that this pressure continued for 3 or 4 strides before it was released. When questioned by Mr Anderton as to whether there was pressure from his inside, he said he was not sure that it was from the inside. He thought it was from the outside. After viewing the videos, and when questioned by the Chairman as to whether he still believed the pressure was from his outside, he said he did, but he now accepted there was movement from the inside as well.

--

Mr Yusof, the rider of GROOVE ARMADA, the horse to the inner of ELSHADAI, said there was pressure from his outside. He said he tried to keep his line, but he got squeezed and nearly clipped heels. When questioned as to whether there was movement from his inside, he said he was not sure that there was. He said he was looking after the runners on his inside.

--

Mr Anderton, in Mr Muniandy’s defence, said the movement was from the inside and that this was what had caused the crowding to ELSHADAI and GROOVE ARMADA.

--

We are satisfied that Mr Muniandy allowed his mount to move inwards when not his length and another clear of Mr Johnson. The result was crowding to ELSHADAI, VENTILATOR and GROOVE ARMADA. We accept Mr Anderton is correct when he says there was movement from the inside but significantly, in our view, this was after Mr Muniandy had come across. Mr Johnson was very clear in his evidence that the pressure was from his outside. Despite viewing the videos and hearing Mr Anderton’s interpretation of events, Mr Johnson was still of the view that the pressure was from his outside. We agree that Mr Muniandy’s movement was the initial movement. It was followed very closely by outwards movement from the inside horses, squeezing Mr Yusof and Mr Johnson. We thus find the charge of careless riding proved.

--

The issue of penalty has not arisen until 2 hours after the last race. As Mr Anderton has left the racecourse, and no experienced jockey or trainer is available, the hearing as to penalty is deferred until Ashburton on 13 March. Mr Muniandy has agreed to the penalty decision being made at this time by the Chairman, as Mr Acklin is not available on that day.

--

Penalty

--

Mr Davidson has described the incident as mid-range and has asked for 4 to 5 days suspension.

--

Mr Quentin Prendergast, who has appeared for Mr Muniandy at the penalty hearing, has said that Mr Johnson’s mount was laying in and that this has made the incident look worse. He said the other horse contributed to the incident. Mr Prendergast read a statement from Mr Anderton, who appeared for Mr Muniandy at the breach hearing. This states that Mr Muniandy did cross Mr Johnson’s mount when only 1 length clear causing Mr Johnson to ease. He says he believes the incident was only minor and that the tightening of the inside horses was caused by the inside horses shifting out.
 
I would assess the breach as at the bottom end of mid-range. There was movement from the inside horses, but this was after Mr Muniandy had moved across when not his length and another clear. I accept this movement from the inner has further caused Mr Johnson’s mount to be checked. I have taken into account Mr Muniandy’s record of only one breach this season. Having regard to the fact that he would have had in excess of 300 rides in this time, his record can be described as very good. I suspend Mr Muniandy from the end of riding at Invercargill on 15 March up to and including 4 April. This is 4 South Island racing days.

--

Geoff Hall   Chairman
Glen Acklin   Member


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 15e6bf780d9d8c3ff3f265bd6f23a93a


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 24dc514ecb9d7784044ff1e3e16fde04


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/03/2009


meet_title: Otago RC - 7 March 2009


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Otago RC