Banks Peninsula RC 10 February 2024 – R2 – Kavish Chowdhoory

Summary of Facts:

Following the running of Race 2, Class A Rider Kavish Chowdhoory admitted a breach of Rule 638(1)(d) in that, as the Jockey of EMBELLIER in the race, he rode carelessly when he allowed his mount to shift in when not clear of AN MORRIGHAN (Kin Kwo), which was checked near the 1100 metres.

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 videos, Stipendiary Steward Veronica Algar identified Mr Chowdhoory (EMBELLIER) positioned wide in midfield and Mr Kwo (AN MORRIGHAN), who was positioned one-off the fence behind Mr Chowdhoory. Ms Algar further indicated the approach to the 1100 metres, at which point Mr Chowdoory could be seen to move across into the one-off line when only just his own length clear, forcing Mr Kwo to sharply check his mount. While making the move across to the one-off line, Mr Chowdhoory can be seen to glance quickly to his inside. He briefly moves back out before continuing his inward movement.

The Respondent said both his horse and Mr Kwo’s were racing greenly. There was a lot of movement from both runners, he said. Mr Chowdhoory said he did not think there was anyone to his inside when he moved in. He believed Mr Kwo’s horse was overracing and contributed to the incident.

Decision:

As the Respondent has admitted the breach, it is found to be proved.

Submissions for Penalty:

Mr Chowdhoory had three careless riding breaches in the previous 12 months, Mr Davidson said. However, he said this had to be set against the Respondent having 386 rides over that period. While certainly not a good record, Mr Chowdhoory’s record under this Rule as a busy Rider could be regarded as neutral, Mr Davidson submitted. Stewards assessed this breach to be mid-to low range. Mr Davidson agreed that Mr Kwo’s mount had been overracing, but said that meant Mr Chowdhoory should have allowed more room before moving in.

Mr Chowdhoory requested that any suspension be deferred until after the Invercargill meeting on February 17. He made no other submission on penalty.

Reasons for Penalty

The Adjudicative Committee assesses the level of carelessness to be mid-to low range. The RIB Thoroughbred Racing Penalty Guide suggests a starting point for a breach at this level is a 6 day suspension. The Adjudicative Committee accepts by a narrow margin, that Mr Chowdhoory’s record under this Rule is neutral, despite his three previous breaches. He is a busy South Island Rider, having had almost 400 rides in the last 12 months. The Respondent’s admission of the breach is a mitigating factor that warrants a 1 day reduction in the period of suspension. This brings it to a 5 day suspension. There are no aggravating factors.

Conclusion:

Mr Chowdhoory’s application for a deferment is granted. He is suspended from riding in races from the conclusion of racing on 17 February 2024, up to and including racing on 24 February 2024, this being 5 national riding days.