Ashburton RC 4 July 2024 – R2 – Yogesh Atchamah

Evidence:

Following the running of Race 2, the Respondent Class B Rider Yogesh Atchamah admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of RIVIERA REBEL “he allowed his mount to shift outwards when not sufficiently clear of AYREON which was checked near the 50m.”  

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

Mr Atchamah was assisted at the hearing by NZTR Apprentice Mentor, Jason Laking.

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, Stipendiary Steward Mark Davidson, with the assistance of Chief Stipendiary Steward John Oatham, demonstrated the incident and identified the horses and Riders concerned. Mr Oatham pointed out Mr Atchamah, riding RIVIERA REBEL, racing 1 off the rail with AYREON, ridden by Leah Hemi, racing 2 wide approaching the 50m. The replays showed Mr Atchamah using the whip and riding his mount out over the concluding stages and near the 50m, allowed his mount to shift outwards and take the rightful line of AYREON, who had to check. Mr Oatham stated that Mr Atchamah was only 1 to 1.25 lengths in front of Ms Hemi when shifting into her line of running. He added that the interference may have cost AYREON the chance to finish in a better position.

The Respondent elected to make no submissions in regard to the incident.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Davidson produced the Respondent Mr Atchamah’s riding record, which indicated 3 previous breaches under the Careless Riding Rule in the last 12 months, namely – 19 November 2023 (Ashburton) 7 day suspension – above mid range, 2 June 2024 (Otago) 4 day suspension – low range and 27 June 2024 (Riccarton) 6 days – low range (of note this penalty was adjusted up to ensure at least 1 South Island day was included).

Stipendiary Steward Mr Davidson said Stewards assessed the level of carelessness to be in the mid to low-range and submitted a starting point as per the Penalty Guide of a 6 day starting point. He added that Mr Atchamah had 306 rides over the previous 12 months.

The Respondent, he said, was under suspension from the conclusion of racing today, until 12 July 2024, so any suspension imposed today would come into effect after that date.

In terms of any proposed penalty, the Respondent elected to make no submissions.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent Mr Atchamah’s carelessness to be in the mid to low range and accordingly, adopted a 6-day suspension as the starting point.

The Respondent’s riding record is treated as an aggravating factor and a 2-day uplift was applied to the 6-day starting point. In mitigation, Mr Atchamah’s frank admission of the breach warrants a discount, which the Adjudicative Committee set at 1 day.

After consideration of the above factors, a 7-day suspension was imposed.

Conclusion:

The Respondent’s Licence to ride in races is suspended for a period of 7 national days, commencing after racing on 12 July 2024, and concluding after racing on 25 July 2024.