Westland RC 15 January 2019 – R 7 – Chair, Mr S Ching
ID: JCA15648
Code:
Thoroughbred
Meet Title:
Westland RC - 15 January 2019
Meet Chair:
SChing
Meet Committee Member 1:
GClapp
Race Date:
2019/01/15
Race Number:
R7
Decision:
Mr Mudhoo having admitted the breach; the charge was found proved.
Penalty:
Mr Mudhoo is fined the sum of $150.
Facts:
Following the running of Race 7, the Hokitika Businesses Hokitika Cup, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Mr R Mudhoo, alleging that Mr Mudhoo, as the rider of PAMIR in the race, made a celebratory gesture prior to his horse passing the winning post.
Mr Mudhoo was present at the hearing of the information and was assisted at the hearing by NZTR Apprentice Mentor Mr D Walsh. Mr Mudhoo had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Rule 638 (2) provides as follows:
(2) A Rider shall not make a celebratory gesture prior to his horse passing the winning post.
Mr Davidson showed video replays of the final stages of the race. He pointed out Mr Mudhoo riding PAMIR as the lead horse by a good margin. Approximately 2 strides from the post, Mr Mudhoo, raised his whip and made a celebratory gesture.
Mr Mudhoo stated that this was his first cup win and he had got excited. He apologised and stated it would not happen again. Mr Walsh said that Mr Mudhoo had been riding this horse for months and was pleased for the owner and trainer, Mr Luxton.
Submissions for Penalty:
Mr Davidson told the Committee that Mr Mudhoo had a clear record under the Rule over the previous 12 months. He stated the JCA Penalty Guide provided a starting point for a breach of this rule was a fine of $300. He stated that the range of fines imposed historically were between $100 and $300. He submitted that this was a low-level breach and submitted that a fine in the vicinity of $150 be considered as penalty in this case.
Mr Mudhoo made no submissions in regard to penalty. In answer to a question from the Committee, Mr Mudhoo stated that he had to date, ridden in more than 140 races. Mr Walsh added that in Mauritius, where Mr Mudhoo comes from, that celebratory gestures are common place but that he had advised Mr Mudhoo that this was not permitted here prior to the finish line.
Reasons for Penalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine for a breach of this Rule. We determined there were no aggravating factors to consider, therefore no uplift was warranted. We, however, determined that there were mitigating and other factors to consider, namely Mr Mudhoo’s clear record, his frank admission, his status as an Apprentice rider, his limited experience, in conjunction with, what we determined, a low-level breach. After consideration, we determined that a fine of $150 was an appropriate penalty.
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: bf99d0004a0cb5acf5a81e191c240406
informantnumber: A9062
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Celebratory gesture
plea: admitted
penaltyrequired: 1
decisiondate: 16/01/2019
hearing_title: Westland RC 15 January 2019 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Hokitika Businesses Hokitika Cup, an information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Apprentice Jockey (Class B), Mr R Mudhoo, alleging that Mr Mudhoo, as the rider of PAMIR in the race, made a celebratory gesture prior to his horse passing the winning post.
Mr Mudhoo was present at the hearing of the information and was assisted at the hearing by NZTR Apprentice Mentor Mr D Walsh. Mr Mudhoo had endorsed the information that the breach was admitted which he confirmed at the hearing. He also confirmed that he understood the rule he was being charged with.
Rule 638 (2) provides as follows:
(2) A Rider shall not make a celebratory gesture prior to his horse passing the winning post.
Mr Davidson showed video replays of the final stages of the race. He pointed out Mr Mudhoo riding PAMIR as the lead horse by a good margin. Approximately 2 strides from the post, Mr Mudhoo, raised his whip and made a celebratory gesture.
Mr Mudhoo stated that this was his first cup win and he had got excited. He apologised and stated it would not happen again. Mr Walsh said that Mr Mudhoo had been riding this horse for months and was pleased for the owner and trainer, Mr Luxton.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Mudhoo having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Mr Mudhoo had a clear record under the Rule over the previous 12 months. He stated the JCA Penalty Guide provided a starting point for a breach of this rule was a fine of $300. He stated that the range of fines imposed historically were between $100 and $300. He submitted that this was a low-level breach and submitted that a fine in the vicinity of $150 be considered as penalty in this case.
Mr Mudhoo made no submissions in regard to penalty. In answer to a question from the Committee, Mr Mudhoo stated that he had to date, ridden in more than 140 races. Mr Walsh added that in Mauritius, where Mr Mudhoo comes from, that celebratory gestures are common place but that he had advised Mr Mudhoo that this was not permitted here prior to the finish line.
reasonsforpenalty:
In determining penalty, the Committee had regard to the starting point of a $300 fine for a breach of this Rule. We determined there were no aggravating factors to consider, therefore no uplift was warranted. We, however, determined that there were mitigating and other factors to consider, namely Mr Mudhoo’s clear record, his frank admission, his status as an Apprentice rider, his limited experience, in conjunction with, what we determined, a low-level breach. After consideration, we determined that a fine of $150 was an appropriate penalty.
penalty:
Mr Mudhoo is fined the sum of $150.
hearing_type: Hearing
Rules: 638 (2)
Informant: M Davidson, Stipendiary Steward
JockeysandTrainer: R Mudhoo, Licensed Apprentice Jockey (Class B
Otherperson: D Walsh NZTR Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 83cc19e4fe85cf1b8da841a12e1af6b6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 434ffb005898b9ca61e4121517ae23e7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/01/2019
meet_title: Westland RC - 15 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: westland-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: GClapp
meet_pm2: none
name: Westland RC