Archive Decision

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Otago RC 1 February 2020 – R 5 – Chair, Prof G Hall

ID: JCA11532

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr T Moseley - Class A Jockey

Other Person:
Mr J Oatham - Chief Stipendiary Steward

Information Number:
A11872

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 1 February 2020

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2020/02/01

Race Number:
R 5

Decision:

As Mr Moseley has admitted the breach, it is found to be proved.

Penalty:

Mr Moseley’s licence is suspended for 5 days. This is from the end of racing on 5 February up to and including 16 February 2020. 

Facts:

Mr Davidson alleged that in race 5 Mr Moseley (HEAD OFFICE) rode carelessly whilst passing the 250 metres when shifting outwards dictating LARRIKIN (J Laking) outwards into the line of PRINCE OF BROOKS (B Murray) who was checked.

Mr Oatham demonstrated on the films that Mr Moseley was midfield looking for a run. He shifted outwards forcing Mr Laking on to Mr Murray, who had to check his mount. He demonstrated that Mr Moseley was not his length and another clear when shifting.

Mr Moseley said Mr Oatham’s analysis of the films was correct, however he believed that Mr Murray’s horse was hanging inwards and that the interference was at the lower end. He acknowledged that Mr Murray had had to take evasive action and take a hold. When questioned by the Committee, he said his mount, which finished 4th, was going well and he was looking for a run.

Submissions for Penalty:

Mr Davidson produced the respondent’s record which was excellent with no breaches of this rule in past 12 months. He described the breach as low to mid-range.

Mr Moseley reiterated that the interference was at the lower end. He asked us to take into account his record and that he had admitted the breach.

Mr Moseley sought a deferment of any suspension that we were to impose until after the Invercargill meeting on 5 February.

Reasons for Penalty:

We believe that the breach is at the low end of mid-range. Mr Moseley has shifted outwards on the track and caused a concertina effect, which has inconvenienced 2 horses. The head of Mr Moseley’s horse can clearly be seen to be angled outwards, he has laid all over Mr Laking, there was contact, and Mr Murray has had to check. The obligation on Mr Moseley is to be his length and another clear. He was not when he shifted.

We take a starting point of 7 days. Mr Moseley’s record is very good. He has no breach in the last 12 months. He is a busy South Island rider. A day’s credit is appropriate for this and a further day for his admission of the breach.

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: 2baab78c52b9eb11a2a1a1f71c7d92c0


informantnumber: A11872


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 04/02/2020


hearing_title: Otago RC 1 February 2020 - R 5 - Chair, Prof G Hall


charge:


facts:

Mr Davidson alleged that in race 5 Mr Moseley (HEAD OFFICE) rode carelessly whilst passing the 250 metres when shifting outwards dictating LARRIKIN (J Laking) outwards into the line of PRINCE OF BROOKS (B Murray) who was checked.

Mr Oatham demonstrated on the films that Mr Moseley was midfield looking for a run. He shifted outwards forcing Mr Laking on to Mr Murray, who had to check his mount. He demonstrated that Mr Moseley was not his length and another clear when shifting.

Mr Moseley said Mr Oatham’s analysis of the films was correct, however he believed that Mr Murray’s horse was hanging inwards and that the interference was at the lower end. He acknowledged that Mr Murray had had to take evasive action and take a hold. When questioned by the Committee, he said his mount, which finished 4th, was going well and he was looking for a run.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Moseley has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Davidson produced the respondent’s record which was excellent with no breaches of this rule in past 12 months. He described the breach as low to mid-range.

Mr Moseley reiterated that the interference was at the lower end. He asked us to take into account his record and that he had admitted the breach.

Mr Moseley sought a deferment of any suspension that we were to impose until after the Invercargill meeting on 5 February.


reasonsforpenalty:

We believe that the breach is at the low end of mid-range. Mr Moseley has shifted outwards on the track and caused a concertina effect, which has inconvenienced 2 horses. The head of Mr Moseley’s horse can clearly be seen to be angled outwards, he has laid all over Mr Laking, there was contact, and Mr Murray has had to check. The obligation on Mr Moseley is to be his length and another clear. He was not when he shifted.

We take a starting point of 7 days. Mr Moseley’s record is very good. He has no breach in the last 12 months. He is a busy South Island rider. A day’s credit is appropriate for this and a further day for his admission of the breach.


penalty:

Mr Moseley’s licence is suspended for 5 days. This is from the end of racing on 5 February up to and including 16 February 2020. 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr T Moseley - Class A Jockey


Otherperson: Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 55b4b77722b33f5d9349cf52c838d728


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: ef6cc0baa7c004b151b0561c4065fb14


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/02/2020


meet_title: Otago RC - 1 February 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Otago RC