Riverton RC 7 May 2021 – R 7 – Chair, Mr N Skelt
ID: JCA11254
Code:
Thoroughbred
Meet Title:
Riverton RC - 6 May 2021
Meet Chair:
NSkelt
Race Date:
2021/05/06
Race Number:
R 7
Decision:
As Mr Chowdhoory had admitted to the charge, it was deemed to be proved.
Penalty:
Mr Chowdhoory’s deferment of penalty was granted.
The Committee believes a 5-day suspension is appropriate in this instance, commencing at the conclusion of racing on Wednesday 12 May 2021 up to and including the 19 May 2021.
Facts:
Following the running of Race 7 the Red Door and Riverton Plumbing and Wrens Invercargill, information 11792 was filed by Stipendiary Stewart, Mr M Davidson against Apprentice Jockey, Mr K Chowdhoory, alleging a breach of Rule 638 (3) (b) (ii) “You struck your mount excessively prior to the 100 metres”.
Mr Chowdhoory acknowledged he understood the Rule and confirmed his admission of the breach.
Mr Chowdhoory was assisted at the hearing by his employer, Mr M Pitman.
Rule 638 (3) (b) (ii) reads as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive.
Miss Hayley demonstrated the incident using the available video footages. She identified Mr Chowdhoory, riding EASY RIDER striking his mount 7 times from the 350-metre mark to the 100-metre mark.
Mr Chowdhoory and Mr Pitman had nothing to add to Miss Hayley’s assessment of the breach.
Submissions for Penalty:
Mr Davidson stated that Mr Chowdhoory had two previous breaches under the Rule in the last 6 months, being at Riverton on 5 April where he was fined $300, and at the Canterbury Jockey Club on 24 April where he was fined $500.
Mr Davidson said that the JCA Penalty Guide indicated a fine of $2 000 for a third breach of this Rule and a two-day suspension. In Mr Davidson’s opinion, he believed a fine of this magnitude was excessive and not appropriate, and he recommended a suspension of possibly 5 days would be appropriate.
Mr Pitman raised the issue that Apprentice Riders, unlike open Riders, receive half of the riding fee and percentage. Mr Pitman commented on the current guidelines and urged that consideration be given to the fact that Apprentice Jockeys have a lesser earning capacity, and he was intending to write to the Industry leaders regarding this rule.
Mr Chowdhoory requested a deferment of penalty as he was engaged for rides at the Ashburton Racing Cup meeting on 12 May 2021.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee took note of Mr Davidson’s points, and also, Mr Pitman’s very valid points when fixing penalty. We accept that this is Mr Chowdhoory’s third offence, however, he is an Apprentice Rider with limited opportunities and income.
The Committee also accepts that Mr Chowdhoory has a responsibility for animal welfare and the look that is created for the Industry with repeat offending.
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: 135cc70bad30888c97ff14b7b62442da
informantnumber: A11792
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 08/05/2021
hearing_title: Riverton RC 7 May 2021 - R 7 - Chair, Mr N Skelt
charge:
facts:
Following the running of Race 7 the Red Door and Riverton Plumbing and Wrens Invercargill, information 11792 was filed by Stipendiary Stewart, Mr M Davidson against Apprentice Jockey, Mr K Chowdhoory, alleging a breach of Rule 638 (3) (b) (ii) “You struck your mount excessively prior to the 100 metres”.
Mr Chowdhoory acknowledged he understood the Rule and confirmed his admission of the breach.
Mr Chowdhoory was assisted at the hearing by his employer, Mr M Pitman.
Rule 638 (3) (b) (ii) reads as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive.
Miss Hayley demonstrated the incident using the available video footages. She identified Mr Chowdhoory, riding EASY RIDER striking his mount 7 times from the 350-metre mark to the 100-metre mark.
Mr Chowdhoory and Mr Pitman had nothing to add to Miss Hayley’s assessment of the breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Chowdhoory had admitted to the charge, it was deemed to be proved.
sumissionsforpenalty:
Mr Davidson stated that Mr Chowdhoory had two previous breaches under the Rule in the last 6 months, being at Riverton on 5 April where he was fined $300, and at the Canterbury Jockey Club on 24 April where he was fined $500.
Mr Davidson said that the JCA Penalty Guide indicated a fine of $2 000 for a third breach of this Rule and a two-day suspension. In Mr Davidson’s opinion, he believed a fine of this magnitude was excessive and not appropriate, and he recommended a suspension of possibly 5 days would be appropriate.
Mr Pitman raised the issue that Apprentice Riders, unlike open Riders, receive half of the riding fee and percentage. Mr Pitman commented on the current guidelines and urged that consideration be given to the fact that Apprentice Jockeys have a lesser earning capacity, and he was intending to write to the Industry leaders regarding this rule.
Mr Chowdhoory requested a deferment of penalty as he was engaged for rides at the Ashburton Racing Cup meeting on 12 May 2021.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
The Committee took note of Mr Davidson’s points, and also, Mr Pitman’s very valid points when fixing penalty. We accept that this is Mr Chowdhoory’s third offence, however, he is an Apprentice Rider with limited opportunities and income.
The Committee also accepts that Mr Chowdhoory has a responsibility for animal welfare and the look that is created for the Industry with repeat offending.
penalty:
Mr Chowdhoory’s deferment of penalty was granted.
The Committee believes a 5-day suspension is appropriate in this instance, commencing at the conclusion of racing on Wednesday 12 May 2021 up to and including the 19 May 2021.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr M Davidson - Stipendiary Steward
JockeysandTrainer: Mr K Chowdhoory - Apprentice Jockey
Otherperson: Miss R Hayley - Stipendiary Steward, Mr M Pitman - Assisting Mr Chowdhoory
PersonPresent:
Respondent:
StipendSteward:
raceid: c867523d5e82d750db4390d2bcb01368
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 3e75dec44ca8b585ecaaa7124842899d
meet_expapproval:
meet_noreport: 0
waitingforpublication: 1
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/05/2021
meet_title: Riverton RC - 6 May 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: riverton-rc
meet_racingtype: thoroughbred-racing
meet_chair: NSkelt
meet_pm1: none
meet_pm2: none
name: Riverton RC