Kumara RC 10 January 2015 – R4
ID: JCA10774
Code:
Thoroughbred
Meet Title:
Kumara RC - 10 January 2015
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2015/01/10
Race Number:
R4
Decision:
Mr Moseley having admitted the breach, the charge was found proved.
Penalty:
The Committee was satisfied that Mr Moseley had riding engagements at the Gore meeting on 17th January 2015 and, accordingly, granted his request for a deferment of the suspension for 7 days pursuant to Rule 1106 (2) (b).
Mr Moseley’s jockey’s licence is suspended from the conclusion of racing on Saturday, 17 January 2015, up to and including Thursday, 22 January 2015 – effectively, 2 riding days. The meetings intended to be encompassed by the term of the suspension are Wellington RC on 19th January and Gore RC on 22nd January 2015.
Facts:
Following the running of Race 4, NZB Insurance Pearl Series Race,, an Information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr T R Moseley, alleging that Mr Moseley, as the rider of EZICARE in the race, “allowed his mount to shift in resulting in ELUSIVE FLIGHT (R J Bishop) clipping a heel and blundering passing the 800 metres”.
Mr Moseley was present at the hearing of the information and he indicated that he admitted the breach.
Rule 638 provides as follows:
(1)-A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Mr McLaughlin showed the incident on head-on and side-on video replays. He pointed out that, approximately 350 metres after the start of the 1150 metres race, Mr Moseley riding EZICARE, which had drawn barrier 9 in the 11- horse field, had crossed the field and was racing outside the leader ELUSIVE FLIRT, ridden by R J Bishop, approaching the bend out of the back straight.
Mr Moseley was working to cross to the rail, Mr McLaughlin said, and Mr Bishop’s mount clipped a heel and dipped as Mr Moseley crossed. It was just for a stride, Mr McLaughlin submitted.
Mr Moseley admitted that he was only ¾ length clear. He said that he was aware that Mr Bishop was there – he had called to Mr Moseley. Mr Moseley said that his mount was a first-starter. It had “stepped into the corner” and Mr Moseley admitted that he had been slow to react to that. When he heard Mr Bishop call to him, he had turned his horse’s head straight out and come back off. He demonstrated this on the video replay.
When asked by the Committee, Mr McLaughlin stated the carelessness was at the “very low end”.
Submissions for Penalty:
Mr McLaughlin submitted that the appropriate penalty was a 2 days’ suspension. Mr Moseley’s race riding record was “excellent”. His only suspension in the previous 12 months was on 25th January 2014 at Canterbury (3 days). Mr Moseley is a very sought-after rider and does have a lot of rides, Mr McLaughlin said.
Mr Moseley said that he had an engagement in the Gore Guineas on 17th January and, therefore, sought a 7-days’ deferment of any term of suspension. He told the Committee that trainer, Mr K I Rae, had asked him to ride MISS BUFFO at the Wellington meeting on 19th January. If ABSOLUT EXCELENCIA were to race at that meeting, he would also be required to ride that horse for Mr Rae. He has ridden at Wellington as recently as July last year, Mr Moseley said.
Mr McLaughlin said that Mr Moseley had ridden quite extensively for Mr Rae over the Christmas/New Year circuit in the South Island. He accepted that Mr Moseley would wish to continue the association with the stable at Wellington by riding MISS BUFFO on 19th January.
Mr McLaughlin said that he had no objection to the Wellington meeting on 19th January being included as one day of any term of suspension.
Reasons for Penalty:
In determining penalty, the Committee took a starting point of a 5 days’ suspension as recommended in the Penalty Guide. The Committee could find no aggravating factors, so there was no need to increase that starting point.
Mitigating factors were, firstly, Mr Moseley’s very frank admission of the breach and, secondly, his record which the Committee accepted was excellent.
The Committee also took into account that the carelessness was at the very low end of the scale and that Mr Moseley’s mount, a first-starter, may have contributed to the incident.
Having regard to those matters - Mr Moseley’s admission of the breach, his excellent record, the racing manners of the horse and the very low-end nature of the breach – which in total were quite compelling, the Committee determined that a discount of 3 days from the starting point of 5 days was appropriate.
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 132b4291d25bcea611609a5de301f6f4
informantnumber: A1937
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 29/12/2014
hearing_title: Kumara RC 10 January 2015 - R4
charge:
facts:
Following the running of Race 4, NZB Insurance Pearl Series Race,, an Information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr T R Moseley, alleging that Mr Moseley, as the rider of EZICARE in the race, “allowed his mount to shift in resulting in ELUSIVE FLIGHT (R J Bishop) clipping a heel and blundering passing the 800 metres”.
Mr Moseley was present at the hearing of the information and he indicated that he admitted the breach.
Rule 638 provides as follows:
(1)-A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.
Mr McLaughlin showed the incident on head-on and side-on video replays. He pointed out that, approximately 350 metres after the start of the 1150 metres race, Mr Moseley riding EZICARE, which had drawn barrier 9 in the 11- horse field, had crossed the field and was racing outside the leader ELUSIVE FLIRT, ridden by R J Bishop, approaching the bend out of the back straight.
Mr Moseley was working to cross to the rail, Mr McLaughlin said, and Mr Bishop’s mount clipped a heel and dipped as Mr Moseley crossed. It was just for a stride, Mr McLaughlin submitted.
Mr Moseley admitted that he was only ¾ length clear. He said that he was aware that Mr Bishop was there – he had called to Mr Moseley. Mr Moseley said that his mount was a first-starter. It had “stepped into the corner” and Mr Moseley admitted that he had been slow to react to that. When he heard Mr Bishop call to him, he had turned his horse’s head straight out and come back off. He demonstrated this on the video replay.
When asked by the Committee, Mr McLaughlin stated the carelessness was at the “very low end”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Moseley having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr McLaughlin submitted that the appropriate penalty was a 2 days’ suspension. Mr Moseley’s race riding record was “excellent”. His only suspension in the previous 12 months was on 25th January 2014 at Canterbury (3 days). Mr Moseley is a very sought-after rider and does have a lot of rides, Mr McLaughlin said.
Mr Moseley said that he had an engagement in the Gore Guineas on 17th January and, therefore, sought a 7-days’ deferment of any term of suspension. He told the Committee that trainer, Mr K I Rae, had asked him to ride MISS BUFFO at the Wellington meeting on 19th January. If ABSOLUT EXCELENCIA were to race at that meeting, he would also be required to ride that horse for Mr Rae. He has ridden at Wellington as recently as July last year, Mr Moseley said.
Mr McLaughlin said that Mr Moseley had ridden quite extensively for Mr Rae over the Christmas/New Year circuit in the South Island. He accepted that Mr Moseley would wish to continue the association with the stable at Wellington by riding MISS BUFFO on 19th January.
Mr McLaughlin said that he had no objection to the Wellington meeting on 19th January being included as one day of any term of suspension.
reasonsforpenalty:
In determining penalty, the Committee took a starting point of a 5 days’ suspension as recommended in the Penalty Guide. The Committee could find no aggravating factors, so there was no need to increase that starting point.
Mitigating factors were, firstly, Mr Moseley’s very frank admission of the breach and, secondly, his record which the Committee accepted was excellent.
The Committee also took into account that the carelessness was at the very low end of the scale and that Mr Moseley’s mount, a first-starter, may have contributed to the incident.
Having regard to those matters - Mr Moseley’s admission of the breach, his excellent record, the racing manners of the horse and the very low-end nature of the breach – which in total were quite compelling, the Committee determined that a discount of 3 days from the starting point of 5 days was appropriate.
penalty:
The Committee was satisfied that Mr Moseley had riding engagements at the Gore meeting on 17th January 2015 and, accordingly, granted his request for a deferment of the suspension for 7 days pursuant to Rule 1106 (2) (b).
Mr Moseley’s jockey’s licence is suspended from the conclusion of racing on Saturday, 17 January 2015, up to and including Thursday, 22 January 2015 – effectively, 2 riding days. The meetings intended to be encompassed by the term of the suspension are Wellington RC on 19th January and Gore RC on 22nd January 2015.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J M McLaughlin - Stipendiary Steward
JockeysandTrainer: T R Moseley - Licensed Jockey (Class A)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 7c76d86c81454461e44fb3d384594db6
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 36abf3c03e298614dd4edbbb3a99d831
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/01/2015
meet_title: Kumara RC - 10 January 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: kumara-rc
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Kumara RC