Archive Decision

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Westland RC 14 January 2020 – R 6 – Chair, Mr S Ching

ID: JCA16648

Applicant:
D Wadley- Stipendiary Steward

Respondent(s):
K Chowdhoory - Licensed Class B Apprentice Rider

Other Person:
S Tyler-Licensed Trainer, Mr J Oatham - Chief Stipendiary Steward

Information Number:
A11470

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Westland RC - 14 January 2020

Meet Chair:
SChing

Meet Committee Member 1:
RMcKenzie

Race Date:
2020/01/14

Race Number:
R6

Decision:

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

Penalty:

Mr Chowdhoory’s Class B Jockeys licence is suspended from the conclusion of racing Saturday 18 January up to and including 25 January 2020.

Facts:

Following the running of Race 6 an Information was filed by Stipendiary Steward, Mr D Wadley, against Class B Rider, Mr K Chowdhoory, in that he directed his mount TIMES TIME inwards near the 300m when not sufficiently clear of DREAMING EASY which was checked.

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 Chowdhoory had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Chowdhoory also agreed that he understood the charge and the Rule it was brought under. Mr S Tyler, Licensed Trainer, assisted Mr Chowdhoory at the hearing.

Mr Wadley, with the assistance of Chief Stipendiary Steward Mr J Oatham, gave evidence and used video coverage to show that approaching the 300m, Mr Chowdhoory, riding TIMES TIME, was racing 2 off and 2 back as the field negotiated the final bend with DREAMING EASY, ridden by Mr K Mudhoo, racing on the rail, inside and just behind Mr Chowdhoory. Mr Oatham pointed out VOUCH, ridden by Mr D Prastiyou, immediately ahead of Mr Chowdhoory, who started to tire and give ground, coming back on Mr Chowdhoory’s position.  He said that this put Mr Chowdhoory in an awkward position and he opted to shift in when looking for clear running and shifted across, when only ½ to ¾ of a length ahead of Mr Mudhoo, and into the rightful line of DREAMING EASY, who had to check.

Mr Chowdhoory stated that he was in an awkward position when VOUCH began to give ground in front of him. He added he did not know that Mr Mudhoo was on his inside when he opted to shift ground inwards in order to avoid VOUCH and find clear running.  Mr Tyler stated that VOUCH giving ground had put Mr Chowdhoory in an awkward position and believed that contributed to the incident.

Submissions for Penalty:

Mr Wadley stated that Mr Chowdhoory’s record showed 3 breaches of this rule over the prior 12 months being Gore on 19 January 2019 where he received a 5 National day suspension, Cromwell on 1 December - 8 days and 6 December at Riccarton - 7 days. Mr Wadley stated that the breach was low range considering the awkward position Mr Chowdhoory found himself in with the tiring VOUCH. He submitted that a 6 National day starting point be considered in this case.

Mr Chowdhoory elected to make no submissions on penalty apart from requesting a deferment until after racing on Saturday 18 January at Gore.

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 Wadley that this breach was low level considering the effect by the tiring VOUCH, which contributed to some degree to the incident. Accordingly, we adopted a 6 National day starting point. There were however aggravating factors to consider being Mr Chowdhoory’s record showing 2 breaches since the start of December 2019. This we determined warranted an uplift in penalty which we set at 1 day. We were however able to afford Mr Chowdhoory a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 6-day suspension was an appropriate penalty.

Mr Chowdhoory’s application for a deferment until after racing on 18 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: d024f7343c5728a35384cad7e38bd30e


informantnumber: A11470


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 15/01/2020


hearing_title: Westland RC 14 January 2020 - R 6 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 6 an Information was filed by Stipendiary Steward, Mr D Wadley, against Class B Rider, Mr K Chowdhoory, in that he directed his mount TIMES TIME inwards near the 300m when not sufficiently clear of DREAMING EASY which was checked.

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 Chowdhoory had indicated on the Information that this breach of the Rules was admitted, and he confirmed this at the hearing. Mr Chowdhoory also agreed that he understood the charge and the Rule it was brought under. Mr S Tyler, Licensed Trainer, assisted Mr Chowdhoory at the hearing.

Mr Wadley, with the assistance of Chief Stipendiary Steward Mr J Oatham, gave evidence and used video coverage to show that approaching the 300m, Mr Chowdhoory, riding TIMES TIME, was racing 2 off and 2 back as the field negotiated the final bend with DREAMING EASY, ridden by Mr K Mudhoo, racing on the rail, inside and just behind Mr Chowdhoory. Mr Oatham pointed out VOUCH, ridden by Mr D Prastiyou, immediately ahead of Mr Chowdhoory, who started to tire and give ground, coming back on Mr Chowdhoory’s position.  He said that this put Mr Chowdhoory in an awkward position and he opted to shift in when looking for clear running and shifted across, when only ½ to ¾ of a length ahead of Mr Mudhoo, and into the rightful line of DREAMING EASY, who had to check.

Mr Chowdhoory stated that he was in an awkward position when VOUCH began to give ground in front of him. He added he did not know that Mr Mudhoo was on his inside when he opted to shift ground inwards in order to avoid VOUCH and find clear running.  Mr Tyler stated that VOUCH giving ground had put Mr Chowdhoory in an awkward position and believed that contributed to the incident.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Wadley stated that Mr Chowdhoory’s record showed 3 breaches of this rule over the prior 12 months being Gore on 19 January 2019 where he received a 5 National day suspension, Cromwell on 1 December - 8 days and 6 December at Riccarton - 7 days. Mr Wadley stated that the breach was low range considering the awkward position Mr Chowdhoory found himself in with the tiring VOUCH. He submitted that a 6 National day starting point be considered in this case.

Mr Chowdhoory elected to make no submissions on penalty apart from requesting a deferment until after racing on Saturday 18 January at Gore.


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 Wadley that this breach was low level considering the effect by the tiring VOUCH, which contributed to some degree to the incident. Accordingly, we adopted a 6 National day starting point. There were however aggravating factors to consider being Mr Chowdhoory’s record showing 2 breaches since the start of December 2019. This we determined warranted an uplift in penalty which we set at 1 day. We were however able to afford Mr Chowdhoory a discount for his frank admission of the breach which we set at 1 day. We therefore determined that a 6-day suspension was an appropriate penalty.

Mr Chowdhoory’s application for a deferment until after racing on 18 January is granted.


penalty:

Mr Chowdhoory’s Class B Jockeys licence is suspended from the conclusion of racing Saturday 18 January up to and including 25 January 2020.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: D Wadley- Stipendiary Steward


JockeysandTrainer: K Chowdhoory - Licensed Class B Apprentice Rider


Otherperson: S Tyler-Licensed Trainer, Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 72daa0c0c67dfd6a64bfb015a0f30d61


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8957d8f7dcc49c50446af93f68026583


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/01/2020


meet_title: Westland RC - 14 January 2020


meet_expappcomment:


meet_km:


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tracklocation: westland-rc


meet_racingtype: thoroughbred-racing


meet_chair: SChing


meet_pm1: RMcKenzie


meet_pm2: none


name: Westland RC