Riccarton Park – Canterbury JC 13 April 2024 – R5 – Kavish Chowdhoory

Evidence:

Following the running of Race 5, the Respondent Class A Rider Kavish Chowdhoory admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of TAIMATE DIVA “he allowed his mount to shift inwards when not fully clear of STEVE AUSTIN near the 1100m.  

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach.

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

Using the available race films, Chief Stipendiary Steward John Oatham, with the assistance of Stipendiary Steward, Mark Davidson, demonstrated the incident and identified the horses and Riders concerned. Mr Davidson pointed out Mr Chowdhoory, riding WAIMATE DIVA, racing 2 wide approaching the 1100m with STEVE AUSTIN, ridden by Bailey Rogerson, racing on the rail and to the inside of Mr Chowdhoory. Using available replays, Mr Davidson showed Mr Chowdhoory shift inwards to assume the lead position in the race and in doing so, was only a bare length ahead of Miss Rogerson, who had to check.

In response, the Respondent stated that he had misjudged the movement in, and conceded he was not clear of Miss Rogerson.

Decision:

As the Respondent admitted the breach, the Adjudicative Committee finds the breach proved.

Submissions for Penalty:

Chief Stipendiary Steward Mr Oatham stated that Mr Chowdhoory’s record in regard to this Rule, showed 4 previous breaches over the prior 12 months being, 6 July 2023 at Ashburton – 6 days, 2 September 2023 at Riccarton – 5 days, 30 December 2023 at Kurow – 4 days and 10 February 2024 at Riccarton – 5 days. Mr Chowdhoory’s riding statistics shows he has had 363 rides over the previous 12 months.

Mr Oatham said Stewards assessed the level of carelessness to be in the low-range and submitted a starting point as per the Penalty Guide of a 5 day starting point.

The Respondent advised of riding engagements through until 20 April 2024 at Riccarton and sought a deferment until after that meeting.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee also determined the Respondent’s carelessness to be in the low range and accordingly, adopted a 5-day suspension as the starting point. This conforms with the NZTR Penalty Guide.

The Respondent’s riding record is treated as an aggravating factor, with 4 previous breaches over the previous 12 months, with an uplift of 1 day warranted. In mitigation, Mr Chowdhoory’s frank admission of the breach warranted a discount of penalty. This discount was set at 1 day.

After consideration of the above factors, a 5-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment is granted until after racing on 20 April 2024 at Riccarton and his Licence to ride in races is suspended for a period of 5 national days, commencing after racing on 20 April 2024 and concluding after racing on 27 April 2024.