R Taupo 9 November 2023 – R9 – Joe Kamaruddin

1. Evidence:

Following the running of Race 9, the Respondent Class A Rider Mr J Kamaruddin, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that he permitted his mount INNOCENT VICTIM to shift inwards when not suffciently clear of LET FLY, which was forced inwards, resulting in LET FLY clipping a heel and blundering near the 50 metres. Also hampered as a result was IRRIGATE.

The Respondent acknowledged he understood the Rule and confirmed his admission of the breach.

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 Mr B Jones demonstrated the incident and identified the horses and Riders concerned.

The head-on view showed Mr Kamaruddin out wide on the track with Mr Cameron (VERISMO) to his inside. There was a clear gap between these 2 runners which Ms Spratt (LET FLY) was attempting to push into.  All three runners were gradually shifting inwards. Mr Cameron straightened his mount, but Mr Kamaruddin continued to drift in, forcing Ms Spratt onto the heels of  VERISMO. This resulted in her clipping a heel and blundering, losing ground and causing a check to IRRIGATE.

Mr Kamaruddin had nothing to say in response.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Ms Selvakumaran produced Mr Kamaruddin’s riding record, which indicated 3 previous breaches under the Careless Riding Rule in the last 12 months, namely; 4/11/23 – 4 days,  23/2/23 – 5 days and 15/6/23 – 4 days.

Ms Selvakumaran said Stewards assessed the level of carelessness to be in the mid range.

Mr Kamaruddin suggested that Mr Cameron had moved outwards a little and contributed to the gap closing on Ms Spratt.

He advised of riding engagements through until Saturday November 18th at Tauranga and sought a deferment to any proposed suspension.

Reasons for Penalty:

Following a thorough review of all submissions, the Adjudicative Committee has determined that Mr Kamaruddin’s level of carelessness fell within the mid-range category, leading to the adoption of a 7-day suspension as the initial penalty. This decision aligns with the NZTR Penalty Guide as of February 2023.

The mid-range assessment was reached for the following reasons:

1. Review of the available race films revealed that Mr Kamaruddin failed to make any discernible effort to straighten his mount. Instead, he continued a vigorous ride forward, ultimately winning the race.
2. Despite the fact that Ms Spratt’s mount was not performing as strongly as the two leading horses, it remained entitled to an unobstructed run.
3. A second horse IRRIGATE, was also hampered as a result of the incident.
4. By straightening his mount, when all 3 horses were on an inward movement, Mr Cameron contributed slightly to the gap closing.

It is essential to note that Ms Spratt came close to being dislodged during the incident, which is regarded as an aggravating factor. An additional day has been added to the starting point.

Mr Kamaruddin has been previously suspended one week ago for a separate incident involving careless riding at Tauranga. While he received credit for his prior good record on that occasion, this leniency does not apply to the present breach.

Taking into account the above factors, an  8-day suspension was considered appropriate. No mitigating circumstances were considered.

Conclusion:

Mr Kamaruddin’s request for a deferment is granted and his Licence to ride in races is suspended for a period of 8 days, commencing after racing on Saturday November 18th and concluding after racing on Friday December 1st.