Wanganui JC 23 November 2024 – R1 – Kavish Chowdhoory

Evidence:

Following the running of Race 1, Class A Rider Mr Kavish Chowdhoory, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that he permitted his mount VELTON to shift outwards when not sufficiently clear of SESIMBRA near the 100 metres, which was checked.

Mr Chowdhoory 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.

Although the films had been well-studied for the protest hearing, Stipendiary Steward Mr Goodwin went through them again in the context of a careless riding charge against Mr Chowdhoory. The incident occurred when Ms Hemi, aboard SESIMBRA, attempted to take advantage of a gap that opened to the outside of Mr Chowdhoory’s mount, VELTON. As Ms Hemi moved into this space, Mr Chowdhoory shifted outwards, impeding her rightful line of running. Mr Goodwin asserted that Mr Chowdhoory could have made a greater effort to maintain a straight course, rather than continuing to use his whip.

In his defense, Mr Chowdhoory contended that Ms Hemi’s mount, SESIMBRA, had overreacted to the incident. This suggests that he believed the interference was not solely due to his actions, but also partly caused by the other horse’s response.

Decision:

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

Submissions for Penalty:

Mr Goodwin produced Mr Chowdhoory’s riding record, which indicated 5 previous breaches under the Careless Riding Rule in the last 12 months, namely:

30/12/23  Kurow – 4 days

10/2/24   Riccarton – 5 days

13/4/24   Riccarton – 5 days

30/6/24  Otago – 4 days

15/9/24   Awapuni – 5 days

Mr Chowdhoory has had 331 mounts in the past 12 months.

Mr Goodwin said Stewards assessed the level of carelessness to be in the low range, however there had been a change of placings following an enquiry into the finish. In addition, Mr Chowdhoory’s record under this Rule is not good.

Mr Chowdhoory advised of riding engagements through until Thursday November 28th at Otaki and sought a deferment to any proposed suspension. He declined to make submissions in regard to penalty.

Reasons for Penalty:

The Adjudicative Committee has determined that Mr Chowdhoory’s careless riding warrants a 7-day suspension, based on several key factors. The incident was assessed to fall within the low range of carelessness, leading to a starting point of a 5-day suspension in accordance with the NZTR Penalty Guide (March 2024). The Adjudicative Committee acknowledged that SESIMBRA was inexperienced, having only its 3rd start, which didn’t cause the incident, but may have slightly exacerbated the outward movement.

However, two significant aggravating factors necessitated an increase in the penalty. First, Mr Chowdhoory has a poor record, making this his sixth breach of the Careless Riding Rule within the past 12 months. Second, his horse was relegated due to the interference caused to the second-placed runner.

Furthermore, an additional charge of careless riding arising from the same race was considered, when determining the final penalty.

Taking all these factors into account, the Adjudicative Committee deemed a 7-day suspension appropriate.

Conclusion:

Mr Chowdhoory’s request for a deferment is granted and his Licence to ride in races is suspended for a period of 7 days, commencing after racing on Thursday November 28th, 2024 and concluding after racing on Saturday December 7th, 2024.