Non Raceday Inquiry – Written Decision dated 7 March 2022 – Kavish Chowdhoory

ID: RIB7859

Respondent(s):
Kavish Chowdhoory - Apprentice Jockey

Applicant:
Miss Veronica Algar, Stipendiary Steward

Adjudicators:
Geoff Hall

Persons Present:
Mr Walsh, Apprentice Mentor; Mr Pitman, Trainer

Information Number:
12560

Decision Type:
Adjudicative Decision

Charge:
excessive use of the whip

Rule(s):
638(3)(g)(i)

Plea:
Admitted

Animal Name:
FERLAXED

Code:
Thoroughbred

Race Date:
25/02/2022

Race Club:
Canterbury Jockey Club

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

Race Number:
R9

Hearing Date:
05/03/2022

Hearing Location:
Dunedin

Outcome: Proved

Penalty: Apprentice Jockey Kavish Chowdhoory is fined $250

Mr Chowdhoory has admitted a breach of r 638(3)(g)(i) in that he struck his mount FERLAXED 6 times prior to the 100 metres.

Miss Algar demonstrated on the video that the Respondent used his whip six times prior to the 100 metres. These were not continuous strikes.

Mr Chowdhoory said it was the last race of the day and he had just miscounted.

Miss Algar produced the Respondent’s record which she said was very good for a busy Rider, with just one charge in the past six months. This was on 23 October when he was suspended for 5 days. She agreed it was a misjudgement on the Respondent’s part and noted that he had not used the whip in the final 100 metres.

Mr Walsh submitted that as the Respondent was an Apprentice and would only receive half the riding fee, the fine should also be halved. He said he had made this same submission to the Adjudicative Committee at Riverton on New Year’s day, and it had been accepted.

Mr Pitman said there was only 6 strikes, and they were over a long period. He agreed with Mr Walsh’s submission.

Mr Chowdhoory has admitted the breach, so it is found to be proved.

Mr Chowdhoory’s breach is low end. The starting point under the September 2021 Guidelines is a fine of $500. Mr Chowdhoory is fortunate in that the Penalty Guidelines in effect from 1 March this year have a starting point of $250. The Adjudicative Committee does not need to address the merits of Mr Walsh’s submission. The breach is low end. The Respondent has miscounted, and his record is very good when regard is had to the fact that he is a very busy Rider. The strikes were well spaced and animal welfare concerns can be met with a fine at the current level in the Penalty Guidelines.

Mr Chowdhoory is fined the sum of $250.

Decision Date: 05/03/2022

Publish Date: 08/03/2022