Ashburton RC 6 April 2022 – R2 – Kin Kwo

BACKGROUND:

Following the running of Race 2, Agraforum 0800 488 118 Maiden, the Respondent Class A Jockey, Kin Kwo, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d). The Information alleged that, as the Rider of LITIGATOR, Mr Kwo permitted his mount to shift inwards when not sufficiently clear crowding STAN WITH ME (Kavish Chowdhoory) onto LUSCIOUS LOVER (Tina Comignaghi) near the 250 metres.

The Respondent acknowledged that 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.

EVIDENCE:

Using the available video replays, Chief Stipendiary Steward, John Oatham,  demonstrated the incident and identified the horse and Riders concerned.

He pointed out LITIGATOR, ridden by the Respondent, which had been 3-wide throughout. Just before and after turning for home, it commenced to lay out. A gap opened between LITIGATOR and VIVA ESTELLA (Jasmine Fawcett) near the 250 metres, Mr Oatham showed. There was just enough room for two horses, he said, and Mr Chowdhoory and Ms Comignaghi both went for that gap. Mr Chowdhoory’s mount  was travelling the better. At that point, Mr Kwo allowed his mount to shift in while he continued to ride hands and heels. His inwards shift was not great, probably only a horse width but that was sufficient to result in Ms Comignaghi’s mount being checked, Mr Oatham said. Mr Chowdhoory’s mount was travelling well enough to be able to push Mr Kwo back out. Mr Kwo’s mount was relatively inexperienced and tended to want to run away from runners on his outside but Mr Kwo had made no effort to relieve the pressure on the runners on his inside, Mr Oatham said.

Mr Kwo did not wish to comment.

DECISION:

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

SUBMISSIONS FOR PENALTY:

Ms Algar said that Mr Kwo has no breaches of the Careless Riding Rule on his record for the past 12 months. Stewards saw the breach as being in the low-to-mid range, she said.

Mr Kwo said that he has a declared ride at Riccarton on 9 April and potential rides at Riverton the following weekend. He did not seek a deferment beyond 9 April.

REASONS FOR PENALTY:

The Adjudicative Committee finds the breach to be in the low-to-mid level. The starting point for penalty in terms of the NZTR Revised Penalty Guidelines (effective 1 March 2022) is a 6 national riding days days suspension. Mr Kwo has admitted the breach and has a very good record, for which he is entitled to a discount from that starting point. The Adjudicative Committee fixed that discount at 1 day.

CONCLUSION:

The Respondent’s licence to ride in races is suspended for a period of 5 national riding days commencing after racing on 9 April 2022 and concluding after racing on 18 April 2022.