Wyndham RC 11 March 2022 – R1 – Shankar Muniandy

EVIDENCE

Following the running of Race 1, Mr S Muniandy did not admit a charge of careless riding which was filed pursuant to Rule 638(1)(d). The Information lodged by Chief Stipendiary Steward Mr John Oatham, alleged that as the Rider of LEAVE IT TO ME, Mr Muniandy has allowed his mount to shift out when not clear of MI JADORE (R Mudhoo) which was crowded and checked near the 200 metres.

Mr Muniandy was present at the hearing and confirmed he understood the Rule and he also confirmed that he did not admit the breach.

Rule 638(1)(d) reads:  A rider shall not ride a horse in a manner that which the adjudicative commitee considers to be careless.

Using the available race films Stipendiary Steward Miss Veronica Algar demonstrated the incident and identified the Rider and the horses concerned.

Miss Algar said that Mr Muniandy has moved outwards when not sufficiently clear of MI JADORE (R Mudhoo) and as a result this horse has become crowded and taken a hold of and checked near the 200 metres from the winning post.

Chief Stipendiary Steward Mr Oatham questioned Mr Mudhoo (MI JADORE) regarding the incident. Mr Mudhoo confirmed that his horse had been checked by the outward movement of Mr Muniandy’s mount and that he had to take a hold of his horse as it was checked.

Mr Mudhoo did not believe that either he or his horse had contributed to the incident.

Mr Muniandy believed that other horses may have contributed to the incident; in particular VILLANELLE (K Chowdhoory) who may have moved out also.

DECISION

After having viewed the video evidence and hearing from Miss Algar and Mr Oatham, it was very clear that Mr Muniandy has moved outwards when simply he was not sufficiently cleared of MI JADORE.  MI JADORE and Mr Mudhoo have not contributed in any major way to the incident.

As a result, the Adjudicative Committee finds the breach proved.

SUBMISSION FOR PENALTY

Chief Stipendiary Steward Mr Oatham produced Mr Muniandy’s record which indicated 1 previous breach of the Rule on 19/2/2022 where he received a 6 national riding day suspension.

Mr Oatham stated that Mr Muniandy had been back in New Zealand for about 4 months and this was his first race back from suspension. Mr Oatham suggested that the level of carelessness to be in the lower range in this instance.

Mr Oatham confirmed that on average, Mr Muniandy was riding between 4-5 horses per race day and he believed a 6 national riding day suspension may be appropriate.

In terms of any proposed penalty Mr Muniandy stated that it was tough going at present and it was only his first race day back riding. Mr Muniandy also confirmed that he was seeking a deferment of penalty.

REASONS FOR PENALTY

After considering all submissions, the Adjudicative Committee determined Mr Muniandy’s carelessness to be at the lower range and adopted a 6 national riding day suspension. There were no mitigating factors to consider with the only aggravating factor being the suspension had occurred on Mr Muniandy’s first race and day riding back from a previous suspension.

CONCLUSION:

After consideration of the above factors, Mr Muniandy’s deferment of penalty was accepted and his license to ride in races is suspended for a period of 6 national riding days commencing from the conclusion of racing on 21/3/2022 to the conclusion of racing on 2/4/2022.