Ashburton RC 30 October 2022 – R1 – Kavish Chowdhoory

ID: RIB11972

Respondent(s):
Kavish Chowdhoory - Apprentice Jockey

Applicant:
Mark Davidson - Stipendiary Steward

Adjudicators:
O K Jarvis

Persons Present:
Mr Kavish Chowdhoory and Mr Pitman / Mr Mark Davidson - Stipendiary Steward and Mr John Oatham - Chief Stipendiary Steward / Mr David Walsh - NZTR Apprentice Jockey Mentor

Information Number:
A14185

Decision Type:
Race Related Charge

Charge:
Using whip more than 5 times prior to 100 metres

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
Madame Giselle

Code:
Thoroughbred

Race Date:
30/10/2022

Race Club:
Ashburton Racing Club

Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700

Race Number:
R1

Hearing Date:
30/10/2022

Hearing Location:
Ashburton RC

Outcome: Proved

Penalty: Apprentice Jockey Kavish Chowdhoory fined $250.

BACKGROUND:

Following the running of Race 1, Mr Chowdhoory, admitted a charge alleging excessive whip use prior to the 100 metres. It was alleged that Mr Chowdhoory had used his whip 6 times prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i)  strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins).

EVIDENCE:

Using the available video replays, Stipendiary Steward, Mark Davidson, demonstrated Mr Chowdhoory strike his mount 6 times prior to the 100 metre mark, the last strike being two strides prior to the 100 metre mark.

Mr Chowdhoory accepted it was clear and said that it was a misjudgment on his part.

DECISION:

As Mr Chowdhoory admitted the breach it is proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson said that Mr Chowdhoory had a prior breach on 19 May 2022 at Riccarton where he had won the race and was fined $300. The Stewards, in reference to the Penalty Guide, were seeking a fine of $250 in this instance.

Mr Chowhoory and Mr Pitman raised a concern with the Penalty Guide for Apprentice Jockeys. They outlined their view that the penalty for Apprentice Jockeys was disproportionate to their winnings and the fine should accordingly being halved for Apprentice Jockeys.

REASONS FOR PENALTY:

The Penalty Guide starting point for a breach of this nature is set out below.

For breaches of the Whip Rule prior to the 100m mark:

2nd offence starting point $250 fine 

There were no aggravating factors present therefore the Mr Chowdhoory is fined $250.

CONCLUSION:

Mr Chowdhoory is fined $250.

Decision Date: 30/10/2022

Publish Date: 02/11/2022