Ashburton RC 19 January 2023 – R3 – Yogesh Atchamah

Following the running of Race 3, an Information was filed by Stipendiary Steward, Ms Algar, against Mr Atchamah, alleging careless riding, in that he permitted his mount AORANGI ASSASSIN to shift outwards when not sufficiently clear of BETTY SPAGHETTI, which struck a heel and blundered near the 450 metre mark.

Rule 638(1)(d) reads as follows;

“(1) A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be:

    (d) careless”

Mr Atchamah had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Atchamah also acknowledged that he understood the charge and the Rule it was brought under.

Mr Walsh was present at the hearing to assist Mr Atchamah.

SUBMISSIONS:

Ms Algar, with the assistance of Mr Oatham, used the race films to show Mr Atchamah shifting out to try and improve his position but he was not quite clear of Mr Chowdhoory when he did so.  As a result, Mr Chowdhoory’s mount struck a heel and blundered.

Mr Walsh said that Mr Atchamah was dictated out at the beginning, but accepted he had then continued to shift outwards to improve his position. Mr Oatham agreed that the initial movement was as a result of another runner.

DECISION:

As Mr Atchamah had admitted the breach, the charge was found to be proved.

SUBMISSIONS ON PENALTY:

Ms Algar submitted that Mr Atchamah had two prior breaches of this Rule.

26 October 2022 at Gore for a mid to low-range breach where 5 days was imposed.

25 November 2022 at Central Otago for a low-range breach where 4 days was imposed.

Ms Algar submitted this was a low to mid-range breach.  She said the shifting out itself was low, but the fact that the affected runner clipped a heel, made the incident more serious.

Mr Walsh said the whole race was a shambles. Both Mr Walsh and the Stewards agreed that a mitigating factor was that Mr Atchamah’s initial shift outwards occurred because he was dictated out by another runner.

Mr Atchamah requested a deferment of penalty until after 21 January at Gore, where he had riding commitments.

REASON FOR PENALTY:

It is agreed that this breach was mid to low-range breach due to the matters raised by Ms Algar. Accordingly, the starting point adopted is a 6 day suspension. A discount of 1 day is appropriate to reflect his frank admission of the breach and to account for the fact that the initial movement outwards was caused by another runner.

A 5 day suspension is the appropriate penalty in this case.

Mr Atchamah’s application for a deferment of penalty until after racing at Gore on 21 January was granted.

CONCLUSION:

Mr Atchamah is suspended for 5 days from the end of racing on 21 January 2023, up to and including 1 February 2023.