Ashburton RC 16 October 2023 – R7 – Shankar Muniandy
ID: RIB28820
Animal Name:
MADAME GISELLE
Code:
Thoroughbred
Race Date:
16/10/2023
Race Club:
Ashburton Racing Club
Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700
Race Number:
R7
Hearing Date:
16/10/2023
Hearing Location:
Ashburton RC
Outcome: Proved
Penalty: Rider, Mr Muniandy suspended 4 days
SUMMARY OF FACTS:
Following the running of Race 7, an Information was filed by Stipendiary Steward, Mr Mark Davidson, against Mr Shankar Muniandy, alleging careless riding, in that he permitted his mount MADAME GISELLE to shift inwards when not sufficiently clear of BUGATI which was crowded and checked.
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 Muniandy had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Muniandy also acknowledged that he understood the charge and the Rule it was brought under.
SUBMISSIONS:
Mr Davidson, with the assistance of Ms Algar, used the race films to show the incident. Ms Algar used the footage to show the two horses involved. Shortly after the start of the 1400 metres race, Mr Muniandy shifted in which caused Mr Mudhoo had to take a hold as he became crowded. Mr Muniandy had continued to roll in when not clear of Mr Mudhoo who lost his spot as a result.
Mr Muniandy did not make any comment.
REASON FOR DECISION:
As Mr Muniandy had admitted the breach, the charge was found to be proved.
SUBMISSIONS ON PENALTY:
Mr Davidson said Mr Muniandy had four relevant prior breaches of this Rule.
- 30 December 2022 at Kurow where 5 days was imposed
- 18 February 2023 at Southland where 6 days was imposed
- 22 April 2023 at Riccarton where 5 days was imposed
- 22 April 2023 at Riccarton where 7 days was imposed
Mr Davidson said that although there were four prior breaches Mr Muniandy had not had a breach in the last six months and he had a good record. It was submitted this was a low range breach. Mr Davidson submitted that he has not shifted a lot of ground. Mr Davidson sought a starting point in line with the Penalty Guide.
Mr Muniandy did not seek a deferment.
REASON FOR PENALTY:
The Adjudication Committee agree that this breach is within the low range. Accordingly the starting point adopted is a 5 day suspension. A discount of 1 day is appropriate to reflect his frank admission of the breach and his good record.
A 4 day suspension is the appropriate penalty in this case.
PENALTY:
Mr Muniandy is suspended for 4 days up to and including 21 October 2023.
Decision Date: 16/10/2023
Publish Date: 24/10/2023