Non Raceday Inquiry – Written Decision dated 19 December 2024 – Roopesh Jaun

ID: RIB49442

Respondent(s):
Roopesh Jaun - Apprentice Jockey

Applicant:
Mark Davidson - Stipendiary Steward

Adjudicators:
Stewart Ching (Chair)

Persons Present:
Mark Davidson - Stipendiary Steward, John Oatham - Chief Stipendiary Steward, Roopesh Jaun - Class B Rider, Michael McCann - Licensed Trainer

Information Number:
A20534

Decision Type:
Race Related Charge

Charge:
Failing to take reasonable and permissible measures

Rule(s):
636(1)(b) - Riding/driving infringement

Plea:
Admitted

Animal Name:
SWAY UP

Code:
Thoroughbred

Race Date:
06/12/2024

Race Club:
Canterbury Jockey Club

Race Location:
Riccarton Park - 165 Racecourse Road, Christchurch,

Race Number:
R7

Hearing Date:
18/12/2024

Hearing Location:
Ashburton

Outcome: Proved

Penalty: Apprentice Jockey Roopesh Jaun was suspended for 4 weeks

Evidence:

This was an adjourned hearing held as an NRI at the Ashburton Racing Club’s Meeting on 18 December 2024.

Following the running of Race 7 at the Canterbury Jockey Club’s Meeting on 6 December 2024, the Respondent Class B Rider Roopesh Jaun admitted a charge of failing to take all reasonable and permissible measures during the race when riding SWAY UP which was filed pursuant to Rule 636(1)(b).  The Information alleged that as the Rider of SWAY UP “he failed to take all reasonable and permissible measures to ensure his mount finished in the best possible place especially from the 600m to the 200m.”

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach. Licensed Trainer Michael McCann and Apprentice Mentor Jason Laking were present to assist.

Rule 636(1)(b) provides:

A person:
(b) being the Rider of a horse in a Race, must take all reasonable and permissible measures
throughout the Race to ensure that his horse is given full opportunity to win the Race
or to obtain the best possible finishing place;

Using the available race films, Stipendiary Steward Mr Davidson, with the assistance of Chief Stipendiary Steward, John Oatham demonstrated the film and identified SWAY UP and Rider Mr Jaun near the 1000m racing on the rail and situated in the rear half of the field. Mr Oatham pointed out Mr Jaun, who had a strong hold on the horse, was several lengths behind the next horse ahead on the rail. He showed the race from the 800m to the 600m, where Mr Jaun was observed to continue with a strong hold on the horse when still racing on the rail. Mr Oatham pointed out that from the 600m, Mr Jaun continued on with a firm hold on SWAY UP, yet had opportunity to improve at any point during this period. He demonstrated on the replays that only at the 200m, Mr Jaun began to ride his mount out, with the horse running on only fairly, finishing in 8th place. Mr Oatham added that there was opportunity, especially from the 600m to the 200m, for Mr Jaun to improve SWAY UP’s position in the race.

In response, the Respondent stated with assistance from Mr McCann, that SWAY UP was a difficult horse to ride, with not a lot of Riders wanting to ride the horse. They said that SWAY UP tended to pull during a race and when being steadied, tended to fight back and pull even harder. Mr McCann stated that the horse was not suitable for an inexperienced Rider such as Mr Jaun.

Decision:

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

Submission for Penalty:

Stipendiary Steward Mr Davidson produced Mr Jaun’s riding record, which indicated no  previous breaches under this Rule in the last 12 months.

He stated that the Penalty Guide provided a starting point of a 6 week suspension for a breach of this Rule.

Mr Davidson said that Mr Jaun has had 140 career mounts to date. He provided some historic penalties, which showed an inexperienced Rider receiving a 4 week suspension for a breach of this Rule in reasonably similar circumstances. He submitted that there were mitigating factors to consider, being Mr Jaun’s good record, his frank admission of the breach, his status as an Apprentice Rider and his relative inexperience.

The Respondent advised of riding engagements through until 22 December 2023 at Gore and sought a deferment to any proposed suspension.

In terms of any proposed penalty, the Respondent elected to make no submissions.

Reasons for Penalty:

The Penalty Guide provides for a mid range breach of this Rule, a 6 week suspension starting point. This Adjudicative Committee deemed this breach to be mid level and accordingly, adopted the starting point of 6 weeks.

There were no aggravating factors to consider, therefore no uplift was warranted.

There were however, mitigating factors, being Mr Jaun’s good record, his frank admission of the breach, his status as an Apprentice Rider and his relative inexperience, which afforded him a discount. This combined discount was set at 2 weeks.

It was therefore determined that a 4 week suspension was an appropriate penalty in this case.

Conclusion:

Mr Jaun’s application for a deferment until after racing on 22 December 2022 at Gore was granted.

The Respondent’s Licence to ride is suspended from the conclusion of racing on 22 December 2024, up to and including 19 January 2025.

Decision Date: 18/12/2024

Publish Date: 20/12/2024