Wyndham RC 11 March 2018 – R 1 – Chair, Mr M Conway
ID: JCA20042
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Wyndham RC - 11 March 2018
Meet Chair:
PKnowles
Meet Committee Member 1:
MConway
Race Date:
2018/03/11
Race Number:
R1
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr M Davidson - Stipendiary Steward
Respondent: Mr K Mudhoo - Apprentice Jockey
Information No: A09733
Meeting: Wyndham Racing Club
Date: 11 March 2018
Venue: Gore Racecourse
Race: 1
Rule No: 638(1)(d)
Judicial Committee: Mr M Conway, Chairman – Mr P Knowles, Committee Member
Also Present: Mr D Walsh – Apprentice Jockey Mentor assisting Mr Mudhoo
Charge: Carless Riding
Plea: Admitted
Evidence:
Following the running of Race 1, the Rodgers Garage/AB Lime Handicap Maiden, an Information was filed by Stipendiary Steward, Mr Davidson, against Apprentice Rider, Mr K Mudhoo, alleging that Mr Mudhoo (GEMSTONE JEWELS) “permitted his mount to shift outwards near the 250 metres hampering NORDEA WEE THING which in turn was forced outwards, making heavy contact with DOPPELGANGER.”
Rule 638(1)(d) states:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless
Mr Mudhoo understood the charge and admitted the breach. He was assisted by Mr Walsh, NZTR Apprentice Jockey Mentor.
Mr Tidmarsh, assisting Mr Davidson, referred to the available race films. GEMSTONE JEWELS, ridden by Mr Mudhoo, was shown to be one off the fence in 8th place rounding the final turn. Mr Tidmarsh said Mr Mudhoo was improving his position when he allowed his horse to shift outwards into the line of NORDEA WEE THING (Ms Barnes) which, in turn, was forced outwards and made heavy contact with DOPPELGANGER (Mr Moseley) near the 250 metre mark. Mr Mudhoo had been held up for clear running around the final turn and was not sufficiently clear of Ms Barnes when he moved to the outside, Mr Tidmarsh said.
Mr Mudhoo said it was his first ride on GEMSTONE JEWELS. The filly was having her third start and was racing for the first time in blinkers. He said she lugged in rounding the turn and when he pulled the outside rein she “reacted and just went straight out.”
Mr Walsh said the race films appeared to show Mr Bothamley, who was riding FINBARR to the inside of Mr Mudhoo, edge out slightly and then back in just before GEMSTONE JEWELS made her outwards move near the 250 metre mark. Mr Walsh argued this had a bearing on Mr Mudhoo’s line of running and contributed to some degree to the interference that followed.
Mr Walsh acknowledged that Mr Mudhoo had admitted coming out and causing the interference to Ms Barnes and Mr Moseley but said the interference may not have happened or been as serious had Mr Bothamley not deviated slightly from his line of running just prior.
Mr Davidson acknowledged there was some movement from Mr Bothamley and said this was a mitigating factor. Stewards also accepted what Mr Mudhoo said about his filly being green in running while wearing blinkers for the first time. However, Mr Mudhoo had made a conscious decision to force his run when he was not permitted to do so, Mr Davidson said.
Decision:
Mr Mudhoo admitted the breach and it is found proved.
Submissions for Penalty:
Mr Davidson detailed four careless riding breaches by Mr Mudhoo in the previous 12 months, these being:
*16 March 2017 (Riccarton) - suspended for 3 South Island days.
*7 November 2017 (Wingatui) - suspended for 5 National riding days.
*26 December 2017 (Wingatui) - suspended for 8 National riding days.
*15 February 2018 (Riccarton) - suspended for 10 National riding days.
Stewards considered this latest breach to be in the low to mid-range. The JCA Penalty Guide refers to a 6 day suspension for low-range careless riding and an 8 day suspension for mid-range careless riding. Mr Davidson said Mr Mudhoo’s recent record was not good, however there were significant mitigating factors on this occasion, including Mr Mudhoo’s prompt admission of the breach, the racing manners of GEMSTONE JEWELS and the race pattern in the critical moments before Mr Mudhoo made the decision to move his horse out.
Mr Walsh said the penalty submission from Mr Davidson was fair and reasonable. Mr Mudhoo was having a bad run with regard to recent careless riding breaches but viewed over the longer term his record was “not that bad.” In general, Mr Mudhoo was a fair and capable rider who did not set out to offend against the rules.
Mr Mudhoo did not wish to seek a deferment of his penalty.
Reasons for Penalty:
We find that Mr Mudhoo forced his run before a gap had presented. He was not sufficiently clear of Ms Barnes and his deliberate decision to move out near the 250 metre mark caused interference to her horse and to the runner to her outside, ridden by Mr Moseley. We view the breach as being in the low to mid-range.
We take into account that Mr Mudhoo was riding the filly for the first time and that she raced greenly throughout. Mr Bothamley’s outwards movement may have also contributed.
Mr Mudhoo’s record with respect to careless riding is clearly an aggravating factor. He has had four other breaches of r 638(1)(d) in the previous 12 months. We note that there was an eight month gap between the first and second breaches of the rule.
The JCA Penalty Guide for careless riding provides for a starting point of a 6 day suspension for a low-range breach and an 8-day suspension for a mid-range breach. Weighing the relevant evidence presented on this occasion, we arrive at a starting point of a 7-day suspension. We find a penalty uplift of 3 days is warranted to reflect Mr Mudhoo’s poor careless riding record.
For admitting the breach and cooperating with stewards, we credit Mr Mudhoo with a 1-day discount on penalty.
We therefore find that a suspension of 9 National riding days is appropriate on this occasion.
Penalty:
Mr Mudhoo’s Class B Apprentice Jockey’s licence is suspended from the conclusion of racing on 12 March up to and including 25 March 2018.
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: 66beedf406b7e5d04d03ef668b4700b1
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 11/03/2018
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Wyndham RC 11 March 2018 - R 1 - Chair, Mr M Conway
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr M Davidson - Stipendiary Steward
Respondent: Mr K Mudhoo - Apprentice Jockey
Information No: A09733
Meeting: Wyndham Racing Club
Date: 11 March 2018
Venue: Gore Racecourse
Race: 1
Rule No: 638(1)(d)
Judicial Committee: Mr M Conway, Chairman – Mr P Knowles, Committee Member
Also Present: Mr D Walsh – Apprentice Jockey Mentor assisting Mr Mudhoo
Charge: Carless Riding
Plea: Admitted
Evidence:
Following the running of Race 1, the Rodgers Garage/AB Lime Handicap Maiden, an Information was filed by Stipendiary Steward, Mr Davidson, against Apprentice Rider, Mr K Mudhoo, alleging that Mr Mudhoo (GEMSTONE JEWELS) “permitted his mount to shift outwards near the 250 metres hampering NORDEA WEE THING which in turn was forced outwards, making heavy contact with DOPPELGANGER.”
Rule 638(1)(d) states:
(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless
Mr Mudhoo understood the charge and admitted the breach. He was assisted by Mr Walsh, NZTR Apprentice Jockey Mentor.
Mr Tidmarsh, assisting Mr Davidson, referred to the available race films. GEMSTONE JEWELS, ridden by Mr Mudhoo, was shown to be one off the fence in 8th place rounding the final turn. Mr Tidmarsh said Mr Mudhoo was improving his position when he allowed his horse to shift outwards into the line of NORDEA WEE THING (Ms Barnes) which, in turn, was forced outwards and made heavy contact with DOPPELGANGER (Mr Moseley) near the 250 metre mark. Mr Mudhoo had been held up for clear running around the final turn and was not sufficiently clear of Ms Barnes when he moved to the outside, Mr Tidmarsh said.
Mr Mudhoo said it was his first ride on GEMSTONE JEWELS. The filly was having her third start and was racing for the first time in blinkers. He said she lugged in rounding the turn and when he pulled the outside rein she “reacted and just went straight out.”
Mr Walsh said the race films appeared to show Mr Bothamley, who was riding FINBARR to the inside of Mr Mudhoo, edge out slightly and then back in just before GEMSTONE JEWELS made her outwards move near the 250 metre mark. Mr Walsh argued this had a bearing on Mr Mudhoo’s line of running and contributed to some degree to the interference that followed.
Mr Walsh acknowledged that Mr Mudhoo had admitted coming out and causing the interference to Ms Barnes and Mr Moseley but said the interference may not have happened or been as serious had Mr Bothamley not deviated slightly from his line of running just prior.
Mr Davidson acknowledged there was some movement from Mr Bothamley and said this was a mitigating factor. Stewards also accepted what Mr Mudhoo said about his filly being green in running while wearing blinkers for the first time. However, Mr Mudhoo had made a conscious decision to force his run when he was not permitted to do so, Mr Davidson said.
Decision:
Mr Mudhoo admitted the breach and it is found proved.
Submissions for Penalty:
Mr Davidson detailed four careless riding breaches by Mr Mudhoo in the previous 12 months, these being:
*16 March 2017 (Riccarton) - suspended for 3 South Island days.
*7 November 2017 (Wingatui) - suspended for 5 National riding days.
*26 December 2017 (Wingatui) - suspended for 8 National riding days.
*15 February 2018 (Riccarton) - suspended for 10 National riding days.
Stewards considered this latest breach to be in the low to mid-range. The JCA Penalty Guide refers to a 6 day suspension for low-range careless riding and an 8 day suspension for mid-range careless riding. Mr Davidson said Mr Mudhoo’s recent record was not good, however there were significant mitigating factors on this occasion, including Mr Mudhoo’s prompt admission of the breach, the racing manners of GEMSTONE JEWELS and the race pattern in the critical moments before Mr Mudhoo made the decision to move his horse out.
Mr Walsh said the penalty submission from Mr Davidson was fair and reasonable. Mr Mudhoo was having a bad run with regard to recent careless riding breaches but viewed over the longer term his record was “not that bad.” In general, Mr Mudhoo was a fair and capable rider who did not set out to offend against the rules.
Mr Mudhoo did not wish to seek a deferment of his penalty.
Reasons for Penalty:
We find that Mr Mudhoo forced his run before a gap had presented. He was not sufficiently clear of Ms Barnes and his deliberate decision to move out near the 250 metre mark caused interference to her horse and to the runner to her outside, ridden by Mr Moseley. We view the breach as being in the low to mid-range.
We take into account that Mr Mudhoo was riding the filly for the first time and that she raced greenly throughout. Mr Bothamley’s outwards movement may have also contributed.
Mr Mudhoo’s record with respect to careless riding is clearly an aggravating factor. He has had four other breaches of r 638(1)(d) in the previous 12 months. We note that there was an eight month gap between the first and second breaches of the rule.
The JCA Penalty Guide for careless riding provides for a starting point of a 6 day suspension for a low-range breach and an 8-day suspension for a mid-range breach. Weighing the relevant evidence presented on this occasion, we arrive at a starting point of a 7-day suspension. We find a penalty uplift of 3 days is warranted to reflect Mr Mudhoo’s poor careless riding record.
For admitting the breach and cooperating with stewards, we credit Mr Mudhoo with a 1-day discount on penalty.
We therefore find that a suspension of 9 National riding days is appropriate on this occasion.
Penalty:
Mr Mudhoo’s Class B Apprentice Jockey’s licence is suspended from the conclusion of racing on 12 March up to and including 25 March 2018.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 638(1)(d)
Informant:
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Otherperson:
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Respondent:
StipendSteward:
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