Auckland RC 26 December 2021 – R9 – Ashvin Goindasamy

ID: RIB6616

Respondent(s):
Ashvin Goindasamy - Apprentice Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Mr G R Jones and Mr B Scott

Persons Present:
Mr J Oatham, Mr Goindasamy, Mr S Marsh (Support Person)

Information Number:
A14363

Decision Type:
Adjudicative Decision

Charge:
Celebratory Gesture

Rule(s):
Rule 638(2) - Celebratory Gesture

Plea:
Admitted

Animal Name:
TIPTRONIC

Code:
Thoroughbred

Race Date:
26/12/2021

Race Club:
Auckland Racing Club

Race Location:
Ellerslie Racecourse - 100 Ascot Ave, Ellerslie, Auckland, 1050

Race Number:
R9

Hearing Date:
26/12/2021

Hearing Location:
Ellerslie - Auckland RC

Outcome: Proved

Penalty: Apprentice Rider, Ashvin Goindasamy is fined $400.

Evidence:

Following the running of Race 9, the Cambridge Stud Zabeel Classic, Group 1, ($240,000), Apprentice Rider, Ashvin Goindasamy admitted a charge that was filed pursuant to Rule 638(2).

The Applicant, Mr Oatham, alleged that Mr Goindasamy (TIPTRONIC) made a celebratory gesture prior to the winning post.

Mr Goindasamy acknowledged that he understood the Rule and confirmed his admission of the breach. He was supported at the hearing by Licensed Trainer, Mr Stephen March.

Rule 638(2) provides: A Rider shall not make a celebratory gesture prior to his horse passing the winning post.

Mr Oatham demonstrated the incident using the available video footage. He said that 4 strides prior to the winning post Mr Goindasamy made an extravagant celebratory gesture.  He said that it is important close to the winning post all riders maintain control of their mounts and the Rule is in place to protect the safety of all riders.

In response Mr Goindasamy said that he was “very happy and excited” having just won his first Group 1 Race.  He said that he had always wanted to win a big race on Boxing Day at Ellerslie and accepts that he over did the gesture.

Decision:

As Mr Goindasamy admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Oatham said that Mr Goindasamy has not previously breached this Rule. He accepted that it was the Rider’s first Group 1 win and it is a significant achievement for an Apprentice Rider to win such an important Race. He said an aggravating factor is that the breach occurred in a Group 1 Race with a stake of $240,000.  The winning Rider’s share being $6,900, but as an Apprentice Rider, half his earnings go to his employer.

Mr Oatham said that the only other comparable cases have resulted in fines ranging from $200 to $500.  He referred to a number of supporting cases including; Mr McNab on 1 April 2017 where a $400 fine was imposed, and Mr Bayliss on 9 February 2019 where he was fined $500 for his third breach in a Group race.

Mr Marsh submitted that Mr Goindasamy is still an Apprentice and the win in such a prestigious Group 1 Race is a big achievement and therefore his excitement in doing so is understandable. He said that Mr Goindasamy accepts he stood up early and this is his first breach of the Rule.  In setting the fine he asked for some leniency due to Mr Goindasamy’s Apprentice status.

Reasons For Penalty:

The Committee considered all the evidence and submissions presented. The Penalty Guide starting point for a breach of this Rule is a $300 fine and this was adopted as the starting point.

The Committee accepts that Mr Goindasamy was excited, but his safety and that of following Riders is paramount.

Aggravating factors were the breach occurred in a Group 1 Race worth $240,000.  On that basis there must be an uplift applied to the starting point.  Mitigating factors include Mr Goindasamy’s admission of the breach, his clear record and the fact that as an Apprentice Rider his share of the winning stake is half that of a Senior Rider.

Taking all matters into account a fine of $400 was imposed.

Penalty:

Apprentice Rider, Ashvin Goindasamy is fined $400.

Decision Date: 26/12/2021

Publish Date: 27/12/2021