Ashburton RC 9 November 2023 – R4 – Yogesh Atchamah

Evidence:

Following the running of Race 4, 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 OUR PRINCESS BOOT “he permitted his mount to shift outwards when not sufficiently clear of MISTER GOLDIE which was dictated outwards resulting in AEQUALIS  being checked  and JOYBELLS hampered near the 300m”. 

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 OUR PRINCESS BOOT, racing 3 wide with MISTER GOLDIE, ridden by Kavish Chowdhoory, AEQUALIS, ridden by Tina Comignaghi, and JOYBELLS ridden by Diego Montes de Oca, racing to Mr Atchamah’s outside approaching the 300m. The replays showed Mr Atchamah shift out into the line of MISTER GOLDIE, who was dictated out into the line of AEQUALIS, who had to check, with JOYBELLS being hampered in this incident. Mr Oatham stated that the shift from Mr Atchamah was approximately 2 horse widths, when only a bare length ahead of MISTER GOLDIE.

In response, the Respondent, with assistance from Mr Laking, stated that his horse was racing greenly at the time, but conceded he should have taken corrective action sooner.

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 – 21 November 2022 (4 day suspension – low range), 19 January 2023 – Ashburton (low range – 5 days) and Otago – 4 June 2023 (7 days – mid range).

Stipendiary Steward Mr Davidson said Stewards assessed the level of carelessness to be mid-range and submitted a starting point as per the Penalty Guide, of a 7 day starting point. He added that Mr Atchamah has had 117 rides since his last breach in June 2023 and said consideration be given to treat his record as neutral.

The Respondent advised of riding engagements through until 11 November 2023 at Riccarton Park, at which Riders were declared. He did not seek a deferment of penalty.

In terms of any proposed penalty, the Respondent, with assistance from Mr Laking, agreed the breach was mid range.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent Mr Atchamah’s carelessness to be above mid range and accordingly, adopted an 8-day suspension as the starting point. This conforms with the NZTR Penalty Guide.

The Respondent’s riding record is treated as a neutral factor, with mitigation being his frank admission of the breach. This mitigating factor warrants a discount which was 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 11 November 2023 and concluding after racing on 21 November 2023.