Central Otago RC 25 November 2022 – R7 – Yogesh Atchamah

Evidence:

Following the running of Race 7, the Respondent Apprentice Rider Yogesh Atchamah, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the rider of CHOKITO  “you shifted ground inwards passing the 250 metres checking and crowding (IMBLAZE)”. 

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach. Apprentice Mentor Mr Walsh was present to assist.

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 films, Stipendiary Steward Ms Haley demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward Mr Davidson said that approaching the 250-metre mark, the Respondent shifted ground inward when only a bare length clear of IMBLAZE (C Johnson), who was checked.

In response, Mr Walsh alluded to the camera angle which he said didn’t give a true indication of the gap Mr Atchamah shifted into. He said if it was square to the horses, it would show a gap of 1/1-4 to perhaps 1/1-2 lengths. Mr Walsh said there is no doubt Mr Atchamah hasn’t allowed enough room for Mr Johnson, but the check itself was relatively minor.

Decision:

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

Submission for Penalty:

Stipendiary Steward Mr Davidson produced the Respondent Mr Atchamah’s riding record which indicated 1 previous breach under the Careless Riding Rule in the last 12 months, namely at Gore, 26th October, 5 days. He said Mr Atchamah is a promising young Rider and has won a good few races now from only 70 race day rides.

Stipendiary Steward Mr Davidson said Stewards assessed the level of carelessness to be in the low-range.

Mr Walsh advised Mr Atchamah had no rides on the second day of the meeting but because there was a good possibility he may pick up a ride or two he sought a deferment until after Sunday to any proposed penalty.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent Mr Atchamah’s carelessness to be in the low range, and adopted a 5 -day suspension as the starting point. This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that the Respondent has shifted in, checking Mr Johnson, and it is for those reasons the starting point was adopted.

The Respondent’s riding record is treated as a neutral factor, and a 1-day reduction was applied to the 5-day starting point for his admission of the breach.

After consideration of the above factors, a 4-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment is granted, and his licence to ride in races is suspended for a period of 4 days commencing after racing on 27 November 2022, and concluding after racing on 3 December 2022.