Southland RC 19 February 2022 – R5 – Shankar Muniandy

Evidence:

Following the running of Race 5, Mr S Muniandy admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of DESERT MAGIC he shifted ground inwards when not sufficiently clear of THE GOOD SHEPHARD (A Bohorun) and SACRED KITTY (K Mudhoo) causing SACRED KITTY to be crowded and severely checked contacting the running rail.

Mr Muniandy 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 Miss Rebecca Haley demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward Miss Veronica Algar said that Mr Muniandy has moved inwards when not sufficiently clear of THE GOOD SHEPHARD and SACRED KITTY. Both of these horses have been checked with SACRED KITTY coming in contact with the running rail.

In response, Mr Muniandy agreed that he had made an error of judgement, but also stated that the racing was very tight at that point and both horses may have contributed to the incident.

Decision:

As Mr Muniandy admitted the breach, the Adjudicative Committee finds the breach proved.

Submission for Penalty:

Stipendiary Steward Miss Algar produced Mr Muniandy’s riding record which indicated no previous breaches under the Careless Riding Rule in the last 12 months.

Stipendiary Steward Miss Algar said Stewards assessed the level of carelessness to be in the mid range.

In terms of any proposed penalty Mr Muniandy requested that his excellent riding record be taken into account.

Reasons for Penalty:

After considering all submissions the Adjudicative Committee determined Mr Muniandy’s carelessness to be in the mid range and adopted a 7 day suspension as the starting point. This conforms with the NZTR Penalty Guide (as of 1 September 2021).

The available films clearly established that Mr Muniandy has moved ground inwards too quickly and crowded the trailing runners.

Mr Muniandy’s riding record and admission of the breach are treated as mitigating factors and a 1-day reduction was applied to the 7 day starting point.

After consideration of the above factors a 6 day suspension was imposed.

Conclusion – Penalty:

Mr Muniandy did not request a deferment of penalty and his licence to ride in races is suspended for a period of 6 days commencing after racing on 21 February 2022  and concluding after racing on 3 March 2022.

The meeting at Hastings on 20 February was not considered as Rider declarations had closed.