Riccarton Park – Canterbury JC 22 April 2023 – R10 – Kavish Chowdhoory

ID: RIB19059

Respondent(s):
Kavish Chowdhoory - Jockey

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Adjudicators:
Hon J W Gendall KC (Chair) and Mr R McKenzie

Persons Present:
Mr Oatham, Mr Chowdhoory

Information Number:
A21227

Decision Type:
Race Related Charge

Charge:
Excessive use of the whip - struck mount 6 times prior to 100m

Rule(s):
638(3)(g)(i) - Contravention whip rule

Plea:
Admitted

Animal Name:
UGO

Code:
Thoroughbred

Race Date:
22/04/2023

Race Club:
Canterbury Jockey Club

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

Race Number:
R10

Hearing Date:
22/04/2023

Hearing Location:
Riccarton Park

Outcome: Proved

Penalty: Jockey Kavish Chowdhoory is suspended for 4 days and fined $500

Evidence:

Following the running of Race 10, “the Racecourse Hotel & Motor Lodge Rating 65”, Mr Oatham presented an Information charging Mr Chowdhoory with a breach of Rule 638(3)(g)(i) [the Whip Rule] in that he struck his mount “UGO” 6 times with the whip prior to the 100 metre mark.

Mr Chowdhoory admitted the charge.

The race film demonstrated the breach when “UGO” was mounting a run whilst towards the outside in contention of filling a place, Mr Chowdhoory struck the horse 6 times.  In the last 100 metres it fought on to finish 3rd.

Decision:

As the charge was admitted, it was deemed proved.

Submissions for Penalty:

Mr Oatham advised that Mr Chowdhoory had 3 previous similar offences in the past 4 months, with suspensions being imposed one month ago.

Mr Chowdhoory said he had an engagement to fulfil at Timaru on 27 April 2023 but did not contend that he would avoid a suspension thereafter.

Reasons for Penalty:

The Penalty Guide requires, for a 4th offence which this was, a starting point of a fine of $500 plus 2 “National Riding Days” suspension.  Because of Mr Chowdhoory’s Timaru race day rides on 27 April 2023, any suspension has to occur after that.  But if the Guide’s starting point of 2 National Riding Days was literally applied, there would be no actual suspension of Mr Chowdhoory in the South Island as 2 NRD’s would expire on 29 April.  That does not accord with the principle that a fair sanction follow, so an uplift is required from that starting point.

Mr Chowdhoory’s poor recent record requires an uplift to 4 National Riding Days suspension plus a fine of $500.  He has been advised by the Adjudicative Committee to very carefully abide by the Rule in future.

Conclusion:

Accordingly, Mr Chowdhoory’s Licence to ride is suspended for 4 National Riding Days, to commence at the conclusion of racing at Timaru on 27 April 2023 and end at the conclusion of racing on 3 May 2023.  In addition, he is fined $500.

Decision Date: 22/04/2023

Publish Date: 24/04/2023