Winton JC – 21 November 2008 – Race 8

Under rule 871 (1) (d): Mr Muniandy, rider of RUBY'S GEM was charged with allowing his mount to shift ground inwards when not sufficiently clear near the 1100m causing a check to HIGH SEAS, ridden by C Johnson.

Under rule 871 (1) (d): Mr Muniandy, rider of RUBY'S GEM was charged with allowing his mount to shift ground inwards when not sufficiently clear near the 1100m causing a check to HIGH SEAS, ridden by C Johnson.

Mr Muniandy did not admit the charge.

Stipendiary Steward Mr Davidson began by highlighting the alleged incident on both head/side on video film; pointing out that Mr Muniandy had moved inwards when insufficiently clear of Mr Johnson's mount, stating that Mr Muniandy was not 'clear' by one horse length. Mr Johnson was forced to restrain his mount and in doing so, lost his three back on the rails position.

Trainer Mr Anderton also used video film to make his case, stating basically that no harm was done and that racing was full of such incidents and that if all incidents of a like nature were charged, then jockeys/trainers would be spending all their day in the stewards room. Mr Muniandy stated that he felt that he was clear enough to move inwards - he did state that he heard Mr Johnson call out in warning.

Stipendiary Steward Mr Ching also used video film to demonstrate the alleged incident - pointing out that there was clearly insufficient room and that Mr Johnson had to take immediate evasive action to avoid contact.

At this point the hearing was adjourned to allow Mr Johnson to give evidence after Race 10.

On reconvening the hearing, a summary of facts to date was given and Mr Johnson was asked to make comment on the incident. He stated that his horse HIGH SEAS was racing a little greenly, 3 back on the rails - that Mr Muniandy on RUBY'S GEM has moved inwards and that he had to 'take hold' of his mount and move outwards to avoid possible contact. He also stated that from that point, his mount raced quite erratically. Mr Ching stated that he felt at no time was Mr Muniandy a length plus a length clear. Mr Ching also stated that Mr Johnson was entitled to be where he was positioned and that Mr Muniandy had made an illegal manoeuvre. At this point the hearing was adjourned to consider evidence and decision.

DECISION: The committee found the charge to be proven.

REASONS:

--
• Video evidence clearly shows that there was insufficient space - length plus a length - to move inwards. --
• Mr Johnson's mount had to be restrained off the heels of Mr Muniandy's mount. --
• Mr Johnson's evidence that he called out a warning and that his horse was seriously inconvenienced. --
• Mr Johnson's evidence that Mr Muniandy's mount was never clear to make the inwards movement.

Before deciding penalty, reference was made to Mr Muniandy's riding record for the past 12 months. No charges of a similar nature had been made. Mr Davidson stated that he believed it was a mid-range offence and that a penalty of 4 riding days suspension was suitable.

PENALTY:

Taking all matters into consideration, the committee felt that a suspension of 3 days was the most appropriate. This gave credit of 1day for the good riding record. Mr Muniandy to be suspended from riding up to and including 5^th December 2008. Mr Muniandy chose not to have a 7 day extension.

Nigel Skelt

Chairman