Archive Decision

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Whangarei RC 16 May 2018 – R 5 – Chair, Mr A Dooley

ID: JCA11223

Applicant:
Mr A Coles - Stipendiary Steward

Respondent(s):
Mr A Goindasamy - Apprentice Rider of SLEEK SECRET

Other Person:
Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward, Mr M Williamson - Senior Stipendiary Steward

Information Number:
A10126

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 16 May 2018

Meet Chair:
ADooley

Race Date:
2018/05/16

Race Number:
R5

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 19 May and conclude after racing on 13 June 2018.

The race meeting scheduled for Riverton on 20 May was not included in the penalty because the declaration of riders had closed.

Facts:

Following the running of race 5, The Homestead Sports Bar Reuben Lewis Memorial, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that near the 1100 metres Mr Goindasamy directed his mount SLEEK SECRET inwards when insufficiently clear of OHCEEDEE which was badly hampered and forced into the line of LEGRAMOR and REPO BAY which were both checked.

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

Mr Coles read the Rule aloud to Mr Goindasamy.

Mr Goindasamy acknowledged that he understood the Rule and confirmed that he admitted the breach. Mr Harris assisted Mr Goindasamy at the hearing.

Mr Jones demonstrated the incident using the available video footage. He identified that near the 1100 metres Mr Goindasamy angled SLEEK SECRET inwards sharply making very firm contact with the shoulder of OHCEEDEE. He said at the time of the incident Mr Goindasamy was at best a head in front of OHCEEDEE. He said as a result that runner shifted in and crowded LEGRAMOR and REPO BAY which were both hampered and checked to varying degrees.

Mr Goindasamy told the Committee that he made a “big mistake” in allowing his mount to shift in. He and Mr Harris accepted Mr Jones’ interpretation of the incident.

Mr Harris said that Mr Goindasamy's instructions were to go forward on his horse.

Submissions for Penalty:

Mr Coles said that today was Mr Goindasamy's 2nd race day ride and the level of interference was high end with 3 runners being severely checked. He said the Stewards were of the view that the breach was bordering on reckless riding and submitted that a 4 week starting point should be adopted. He said in mitigation was Mr Goindasamy's inexperience and his admission of the breach.

Mr Goindasamy advised that he had an engagement on 19 May at Te Rapa and requested a deferment of his proposed suspension until after that date.

Mr Harris acknowledged that the breach was high end and he said Mr Goindasamy would learn from today’s experience and he hoped that the breach was a “one off”. He advised that Mr Goindasamy has had about 40 trial rides and he believed that Mr Goindasamy would be better placed riding on heavy tracks.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

The head on video film showed that 100 metres after the start Mr Goindasamy allowed his mount to shift in several horse widths on an abrupt angle. He made no attempt to straighten his mount and this resulted in SLEEK SECRET making heavy contact with OHCEEDEE when racing on level terms with that runner. The impact was so solid that OHCEEDEE was unbalanced and its rider Ms Thornton, was shunted sideways in the saddle. It was fortunate that Ms Thornton is an experienced rider because she was nearly dislodged from her mount. As a consequence OHCEEDEE shifted inwards into the running line of LEGRAMOR and REPO BAY which were both hampered and checked to a lesser degree. The actions of Mr Goindasamy involved a significant element of risk and riding in that manner is likely to endanger the safety of a horse and rider.

The Committee considered this breach to be at the absolute high end of carelessness and told Mr Goindasamy that this was one of the worst breaches of careless riding that they had ever witnessed. In addition Mr Goindasamy's culpability was assessed as high range and he took little if any reasonable steps to avoid the interference, particularly so to Ms Thornton’s mount OHCEEDEE.

The JCA Penalty Guide starting point for high end carelessness is 10 plus national riding days. It is extremely important that a penalty has the effect of deterring other riders from committing similar offences. The Committee was satisfied that this breach was so serious that it warranted 18 day national riding days as the starting point.

The mitigating factors were Mr Goindasamy’s admission of the breach, albeit inevitable given the compelling video evidence and his inexperience as an apprentice rider. For these combined factors Mr Goindasamy was afforded a 2 day reduction in penalty.

Mr Goindasamy’s record was treated as a neutral factor.

The Committee notes that SLEEK SECRET finished in 3rd place.

After taking into account all the above factors the Committee considered that an appropriate suspension was 16 national riding days. It is important to note that 7 of the 16 days are scheduled for the Auckland / Waikato region.

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: 17ad2564dd52f424cdd14987fecf3ce8


informantnumber: A10126


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 17/05/2018


hearing_title: Whangarei RC 16 May 2018 - R 5 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 5, The Homestead Sports Bar Reuben Lewis Memorial, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that near the 1100 metres Mr Goindasamy directed his mount SLEEK SECRET inwards when insufficiently clear of OHCEEDEE which was badly hampered and forced into the line of LEGRAMOR and REPO BAY which were both checked.

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

Mr Coles read the Rule aloud to Mr Goindasamy.

Mr Goindasamy acknowledged that he understood the Rule and confirmed that he admitted the breach. Mr Harris assisted Mr Goindasamy at the hearing.

Mr Jones demonstrated the incident using the available video footage. He identified that near the 1100 metres Mr Goindasamy angled SLEEK SECRET inwards sharply making very firm contact with the shoulder of OHCEEDEE. He said at the time of the incident Mr Goindasamy was at best a head in front of OHCEEDEE. He said as a result that runner shifted in and crowded LEGRAMOR and REPO BAY which were both hampered and checked to varying degrees.

Mr Goindasamy told the Committee that he made a “big mistake” in allowing his mount to shift in. He and Mr Harris accepted Mr Jones’ interpretation of the incident.

Mr Harris said that Mr Goindasamy's instructions were to go forward on his horse.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Coles said that today was Mr Goindasamy's 2nd race day ride and the level of interference was high end with 3 runners being severely checked. He said the Stewards were of the view that the breach was bordering on reckless riding and submitted that a 4 week starting point should be adopted. He said in mitigation was Mr Goindasamy's inexperience and his admission of the breach.

Mr Goindasamy advised that he had an engagement on 19 May at Te Rapa and requested a deferment of his proposed suspension until after that date.

Mr Harris acknowledged that the breach was high end and he said Mr Goindasamy would learn from today’s experience and he hoped that the breach was a “one off”. He advised that Mr Goindasamy has had about 40 trial rides and he believed that Mr Goindasamy would be better placed riding on heavy tracks.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

The head on video film showed that 100 metres after the start Mr Goindasamy allowed his mount to shift in several horse widths on an abrupt angle. He made no attempt to straighten his mount and this resulted in SLEEK SECRET making heavy contact with OHCEEDEE when racing on level terms with that runner. The impact was so solid that OHCEEDEE was unbalanced and its rider Ms Thornton, was shunted sideways in the saddle. It was fortunate that Ms Thornton is an experienced rider because she was nearly dislodged from her mount. As a consequence OHCEEDEE shifted inwards into the running line of LEGRAMOR and REPO BAY which were both hampered and checked to a lesser degree. The actions of Mr Goindasamy involved a significant element of risk and riding in that manner is likely to endanger the safety of a horse and rider.

The Committee considered this breach to be at the absolute high end of carelessness and told Mr Goindasamy that this was one of the worst breaches of careless riding that they had ever witnessed. In addition Mr Goindasamy's culpability was assessed as high range and he took little if any reasonable steps to avoid the interference, particularly so to Ms Thornton’s mount OHCEEDEE.

The JCA Penalty Guide starting point for high end carelessness is 10 plus national riding days. It is extremely important that a penalty has the effect of deterring other riders from committing similar offences. The Committee was satisfied that this breach was so serious that it warranted 18 day national riding days as the starting point.

The mitigating factors were Mr Goindasamy’s admission of the breach, albeit inevitable given the compelling video evidence and his inexperience as an apprentice rider. For these combined factors Mr Goindasamy was afforded a 2 day reduction in penalty.

Mr Goindasamy’s record was treated as a neutral factor.

The Committee notes that SLEEK SECRET finished in 3rd place.

After taking into account all the above factors the Committee considered that an appropriate suspension was 16 national riding days. It is important to note that 7 of the 16 days are scheduled for the Auckland / Waikato region.


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 19 May and conclude after racing on 13 June 2018.

The race meeting scheduled for Riverton on 20 May was not included in the penalty because the declaration of riders had closed.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr A Coles - Stipendiary Steward


JockeysandTrainer: Mr A Goindasamy - Apprentice Rider of SLEEK SECRET


Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr B Jones - Stipendiary Steward, Mr M Williamson - Senior Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


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race_title: R5


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meetdate: 16/05/2018


meet_title: Whangarei RC - 16 May 2018


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