Archive Decision

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R Te Aroha 13 February 2019 – R 8 – Chair, Mr A Dooley

ID: JCA12606

Applicant:
Mr B Jones -Stipendiary Steward

Respondent(s):
Mr A Goindasamy - Apprentice Rider of HATTIE BEE

Other Person:
Mr N Harris - Apprentice Jockey Mentor assisting Mr Goindasamy, Mr J Oatham - Chief Stipendiary Steward

Information Number:
A09673

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
R Te Aroha - 13 February 2019

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2019/02/13

Race Number:
R8

Decision:

As Mr Goindasamy admitted the breach the Committee found the charge proved.

Penalty:

The Committee grants a deferment to Mr Goindasamy’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Goindasamy had his license to ride in races suspended for a period to commence after racing on 17 February and conclude after racing on 6 March 2019.

Facts:

Following the running of race 8, Stephen Marsh Racing Stables 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Mr Goindasamy permitted his mount HATTIE BEE to shift outwards when not sufficiently clear of SAVASTEP which was checked near the 400 metres.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Goindasamy said that he understood the Rule and confirmed he admitted the breach.

Mr Harris assisted Mr Goindasamy at the hearing.

Mr Oatham demonstrated the incident using the available video footage. He identified that entering the final straight Mr Harris, the rider of ARGYLL, shifted out into a 3 wide position. He said as a result Mr Harris slightly dictated Mr Goindasamy outwards. However, he said Mr Goindasamy continued to ride his mount forward with the whip when the horse was on an outward angle. This resulted in SAVASTEP (Mrs Satherley) being crowded and checked near the 400 metres. He added that Mrs Satherley and Mr Cameron were racing on the outside of Mr Goindasamy and they were riding competitively.

Mr Goindasamy told the Committee that he accepted Mr Oatham’s interpretation of the incident. He said that his horse did not help him.

Mr Harris identified on the video footage that Mr Goindasamy’s used his whip “one hit too many”. He said the horse was green and Mr Goindasamy should not have used the whip. He added that it was a mistake on Mr Goindasamy’s part.

Submissions for Penalty:

Mr Jones produced Mr Goindasamy’s record which showed 5 previous breaches for careless riding within the last 12 months.

5/1/2019 – 8 days

19/12/2018 – 7 days

31/10/2018 – 5 days

27/10/2018 – 6 days

16/5/2018 – 16 days

Mr Jones advised the Committee that Mr Goindasamy has had 136 race day rides in his career to date and was relatively inexperienced. He said to Mr Goindasamy’s credit he admitted the breach and he described the level of carelessness as midrange. He submitted that a penalty should reflect that.

After speaking to his employer Mr Goindasamy advised that he had engagements on 17 February and any proposed suspension could start after that date.

Mr Harris submitted that since his last suspension Mr Goindasamy has made some big improvement. He said Mr Goindasamy was still learning from his experiences.

Reasons for Penalty:

The Committee considered all the evidence and submissions presented.

The video footage showed that when Mr Goindasamy used his whip he only had one hand on the reins. In doing so he failed to keep HATTIE BEE in a straight line and he permitted his mount to shift out at least 2 horse widths near the 400 metres. Mr Goindasamy erred in continuing to ride his mount forward with the whip when it was clearly shifting outwards into the rightful running line of SAVASTEP. As a result he was only ¾ of a length clear of SAVASTEP which was badly crowded and checked losing ground.

The Committee deemed the level of carelessness displayed by Mr Goindasamy was in the midrange.

The JCA Penalty Guide starting point for midrange carelessness is 8 national riding days which was adopted.

Mr Goindasamy’s record was deemed to be poor with today being his 6th breach from only 136 race day rides. We are concerned that this is Mr Goindasamy’s 5th careless riding breach in the last 4 months. These collective aggravating factors justify a 3 day uplift in penalty.

The mitigating factor was Mr Goindasamy’s admission of the breach. For this he was afforded a 1 day reduction in penalty.

We note that Mr Goindasamy accepts he has a poor record.

After taking into account all the above factors the Committee considered that an appropriate suspension was 10 national riding days.

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: 3e3c57f858e5a91ca36f6d5c483f5c9d


informantnumber: A09673


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 14/02/2019


hearing_title: R Te Aroha 13 February 2019 - R 8 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 8, Stephen Marsh Racing Stables 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Mr Goindasamy permitted his mount HATTIE BEE to shift outwards when not sufficiently clear of SAVASTEP which was checked near the 400 metres.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Mr Goindasamy said that he understood the Rule and confirmed he admitted the breach.

Mr Harris assisted Mr Goindasamy at the hearing.

Mr Oatham demonstrated the incident using the available video footage. He identified that entering the final straight Mr Harris, the rider of ARGYLL, shifted out into a 3 wide position. He said as a result Mr Harris slightly dictated Mr Goindasamy outwards. However, he said Mr Goindasamy continued to ride his mount forward with the whip when the horse was on an outward angle. This resulted in SAVASTEP (Mrs Satherley) being crowded and checked near the 400 metres. He added that Mrs Satherley and Mr Cameron were racing on the outside of Mr Goindasamy and they were riding competitively.

Mr Goindasamy told the Committee that he accepted Mr Oatham’s interpretation of the incident. He said that his horse did not help him.

Mr Harris identified on the video footage that Mr Goindasamy’s used his whip “one hit too many”. He said the horse was green and Mr Goindasamy should not have used the whip. He added that it was a mistake on Mr Goindasamy’s part.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Goindasamy admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Jones produced Mr Goindasamy’s record which showed 5 previous breaches for careless riding within the last 12 months.

5/1/2019 – 8 days

19/12/2018 – 7 days

31/10/2018 – 5 days

27/10/2018 – 6 days

16/5/2018 – 16 days

Mr Jones advised the Committee that Mr Goindasamy has had 136 race day rides in his career to date and was relatively inexperienced. He said to Mr Goindasamy’s credit he admitted the breach and he described the level of carelessness as midrange. He submitted that a penalty should reflect that.

After speaking to his employer Mr Goindasamy advised that he had engagements on 17 February and any proposed suspension could start after that date.

Mr Harris submitted that since his last suspension Mr Goindasamy has made some big improvement. He said Mr Goindasamy was still learning from his experiences.


reasonsforpenalty:

The Committee considered all the evidence and submissions presented.

The video footage showed that when Mr Goindasamy used his whip he only had one hand on the reins. In doing so he failed to keep HATTIE BEE in a straight line and he permitted his mount to shift out at least 2 horse widths near the 400 metres. Mr Goindasamy erred in continuing to ride his mount forward with the whip when it was clearly shifting outwards into the rightful running line of SAVASTEP. As a result he was only ¾ of a length clear of SAVASTEP which was badly crowded and checked losing ground.

The Committee deemed the level of carelessness displayed by Mr Goindasamy was in the midrange.

The JCA Penalty Guide starting point for midrange carelessness is 8 national riding days which was adopted.

Mr Goindasamy’s record was deemed to be poor with today being his 6th breach from only 136 race day rides. We are concerned that this is Mr Goindasamy’s 5th careless riding breach in the last 4 months. These collective aggravating factors justify a 3 day uplift in penalty.

The mitigating factor was Mr Goindasamy’s admission of the breach. For this he was afforded a 1 day reduction in penalty.

We note that Mr Goindasamy accepts he has a poor record.

After taking into account all the above factors the Committee considered that an appropriate suspension was 10 national riding days.


penalty:

The Committee grants a deferment to Mr Goindasamy’s suspension pursuant to Rule 1106(2).

Accordingly, Mr Goindasamy had his license to ride in races suspended for a period to commence after racing on 17 February and conclude after racing on 6 March 2019.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr B Jones -Stipendiary Steward


JockeysandTrainer: Mr A Goindasamy - Apprentice Rider of HATTIE BEE


Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Mr Goindasamy, Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_title: R8


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meetdate: 13/02/2019


meet_title: R Te Aroha - 13 February 2019


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