Ashburton RC 16 March 2023 – R7 – Kavish Chowdhoory

BACKGROUND:

Following the running of Race 7, Agra Forum Growing Innovation Rating 75, Class A Jockey, Kavish Chowdhoory, as the Rider of ARCHERFIELD in the race, admitted a charge that he used his whip 6 times prior to the 100 metres.

Rule 638(3) provides:

(g)     Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), a Rider must not:

(i)   strike a horse with a whip more than 5 times  prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins).  

EVIDENCE:

Stipendiary Steward, Veronica Algar, showed a video replay of the final 200-300 metres of the race. She pointed out ARCHERFIELD, ridden by the Respondent, racing in 5^th placing and 3-wide as the field turned into the final straight. Shortly thereafter, the Respondent commenced using his whip and, from that point to the 100 metres, he struck his mount on a total of 6 occasions.

The Respondent did not dispute the alleged count of 6 strikes, and his explanation was that he had miscounted.

DECISION:

The breach is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Ms Algar told the Committee that the Respondent has three previous whip breaches in the last 6 months – on 30 October 2022 at Ashburton (6 strikes, fined $250), on 30 December 2022 at Kurow (6 strikes, fined $250) and on 11 February 2023 at Riccarton (6 strikes, fined $500).

Ms Algar referred to the Penalty Guide starting point for a 4^th breach involving 1 additional strike – a fine of $500 and 2-day suspension.

The Respondent initially said that he would like a deferment until after the meeting of Beaumont RC at Wingatui on 20 March 2023. The Adjudicative Committee then explained to him that the period of suspension to accompany the prescribed fine needed to be meaningful. The two days following that meeting were meetings at which he would not ride (Pukekohe and New Plymouth) and the Adjudicative Committee informed him that the period of suspension would be 3 days to include one South Island meeting – Riccarton on 25 March. The Respondent then advised that he would like a deferment until after that meeting.

REASONS FOR PENALTY:

The penalty starting point under the RIB Thoroughbred Racing Penalty Guide was correctly pointed out by Ms Algar as being a “$500 fine + Suspension 2 National Days”.  In this particular case, the Respondent having sought a deferment until after 25 March, the “2 National Days” would be the meetings at Tauherenikau on 26 March and Matamata on 29 March. The Respondent does not and will not ride at those meetings. Neither does he ride at Avondale or Awapuni, which race on 1 April, either of which meetings would be a 3^rd day of a suspension.

The period of suspension needs, to be meaningful, to include at least 1 South Island day. The Penalty Guide starting point is only a guideline, and the Committee has a discretion when it comes to penalty. The Committee exercises its discretion to impose a 4-day suspension to incorporate 1 South Island day, which will be Southland RC on 2 April 2023.

CONCLUSION:

The Respondent’s request for a deferment until after 25 March is granted.

The Respondent, Class A Jockey, Kavish Chowdhoory, is fined $500 and suspended from after racing on 25 March 2023 up to and including 2 April 2023 – 4 national riding days.