Canterbury R 24 February 2017 – R 1 – Chair, Mr S Ching
ID: JCA13351
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 24 February 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/02/24
Race Number:
R1
Decision:
As Mr Moseley, had admitted the breach, the charge was found proved.
Penalty:
We therefore determined that Mr Moseley’s Class A Jockeys licence be suspended from the conclusion of racing today 24 February up to and including 12 March 2017. This suspension encompasses the days racing at Dunedin on 4 March, Ashburton on 9 March and Wyndham on 12 March 2017.
Facts:
Following the running of Race 1, the NZB Insurance Pearl Series Maiden Fillies & Mares 1200m, an Information was filed by Stipendiary Steward, Mr M Williamson, against Class A Rider, Mr T Moseley, the rider of PROMISING, alleging careless riding in that he allowed his mount to shift inwards near the 200m causing PER FORM, ridden by Mr C Johnson to be checked.
Rule 638(1)(d) reads as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Moseley had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Moseley also agreed that he understood the charge and the Rule it was brought under.
Mr Williamson with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that near the 300m, PROMISING, ridden by Mr T Moseley was racing in a position approximately ½ a horse width off the rail with PER FORM, ridden by Mr C Johnson, trailing. Mr McLaughlin said that approaching the 200m, PROMISING shifted outwards slightly and provided a full run on its inner which Mr Johnson opted to improve into. Shortly after improving into the gap, PROMISING began to shift inwards when being ridden out, eventually forcing PER FORM to check out of the gap. He said that PER FORM was established in the gap, at least ¾ of a length behind and on the inside of PROMISING before being tightened and having to check.
Mr Williamson stated that this incident led to a protest against 2nd placed horse, PROMISING, ridden by Mr Moseley, by 3rd placed PER FORM, ridden by Mr C Johnson, where the protest was upheld and PROMISING relegated to 3rd place. He said that the movement by Mr Moseley was minimal, only ½ a horse width before checking PER FORM. He stated the carelessness was low level but consequences higher as a relegation had taken place following the protest.
Mr Moseley stated that Mr Johnson was entitled to his run and that he had admitted the breach. He also stated that he believed he had moved out a fraction near the 300m but did not believe he had moved out a whole horse width. He submitted that the carelessness was low level as he had only moved barely a ½ horse width but did concede the consequences were higher.
Submissions for Penalty:
Mr Williamson stated that Mr Moseley’s carelessness was at a low level as but the consequences of his carelessness were higher possibly mid-range as a relegation had taken place. He stated that Mr Moseley’s penalty record over the previous 12 months showed a 6-day suspension at Ashburton on 15 October 2016 as being his only breach of this rule and in his opinion a good record considering the number of rides Mr Moseley has. Mr Williamson said that the JCA Penalty Guide recommended a starting point of a 3-day suspension for a South Island jockey and submitted that after taking Mr Moseley’s ready admission of the breach, his overall good record and the low level of the breach into consideration, that a lower end suspension be considered as penalty.
Mr Moseley submitted that a 2-day suspension should be considered as penalty due to the low level of carelessness. He also stated that he does ride from time to time in the North Island but had not done so for several months and did not seek any North Island dates to be included and asked that his good record and admission of the breach be taken into consideration when considering penalty.
The matter of deferment was not discussed as there were no relevant South Island meetings in the next 7 days.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Mr Moseley’s frank admission of the breach and the level of carelessness which we assessed as low. Mr Moseley’s record showed a 6-day suspension on 15 October 2016 and despite this breach, 4 months prior, we were prepared to consider his record as a neutral factor. We also took into consideration the consequences of his carelessness which we determined was a significant aggravating factor.
In adopting the JCA Penalty Guide starting point of a 3-day suspension for a South Island rider the aggravating factor in this case commanded an uplift of 1 day to 4 days. We were however, able to afford Mr Moseley a discount of 1 day for his frank admission of the breach and low level of carelessness. We therefore determined that a 3-day suspension was an appropriate penalty in this case.
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: 6645b0ba0b0e07c38f0db1dd92ec38fe
informantnumber: A8121
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 27/02/2017
hearing_title: Canterbury R 24 February 2017 - R 1 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 1, the NZB Insurance Pearl Series Maiden Fillies & Mares 1200m, an Information was filed by Stipendiary Steward, Mr M Williamson, against Class A Rider, Mr T Moseley, the rider of PROMISING, alleging careless riding in that he allowed his mount to shift inwards near the 200m causing PER FORM, ridden by Mr C Johnson to be checked.
Rule 638(1)(d) reads as follows:
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”
Mr Moseley had indicated on the Information that this breach of the Rules was admitted and he confirmed this at the hearing. Mr Moseley also agreed that he understood the charge and the Rule it was brought under.
Mr Williamson with the assistance of Stipendiary Steward, Mr J McLaughlin, gave evidence and used video coverage to show that near the 300m, PROMISING, ridden by Mr T Moseley was racing in a position approximately ½ a horse width off the rail with PER FORM, ridden by Mr C Johnson, trailing. Mr McLaughlin said that approaching the 200m, PROMISING shifted outwards slightly and provided a full run on its inner which Mr Johnson opted to improve into. Shortly after improving into the gap, PROMISING began to shift inwards when being ridden out, eventually forcing PER FORM to check out of the gap. He said that PER FORM was established in the gap, at least ¾ of a length behind and on the inside of PROMISING before being tightened and having to check.
Mr Williamson stated that this incident led to a protest against 2nd placed horse, PROMISING, ridden by Mr Moseley, by 3rd placed PER FORM, ridden by Mr C Johnson, where the protest was upheld and PROMISING relegated to 3rd place. He said that the movement by Mr Moseley was minimal, only ½ a horse width before checking PER FORM. He stated the carelessness was low level but consequences higher as a relegation had taken place following the protest.
Mr Moseley stated that Mr Johnson was entitled to his run and that he had admitted the breach. He also stated that he believed he had moved out a fraction near the 300m but did not believe he had moved out a whole horse width. He submitted that the carelessness was low level as he had only moved barely a ½ horse width but did concede the consequences were higher.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Moseley, had admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Williamson stated that Mr Moseley’s carelessness was at a low level as but the consequences of his carelessness were higher possibly mid-range as a relegation had taken place. He stated that Mr Moseley’s penalty record over the previous 12 months showed a 6-day suspension at Ashburton on 15 October 2016 as being his only breach of this rule and in his opinion a good record considering the number of rides Mr Moseley has. Mr Williamson said that the JCA Penalty Guide recommended a starting point of a 3-day suspension for a South Island jockey and submitted that after taking Mr Moseley’s ready admission of the breach, his overall good record and the low level of the breach into consideration, that a lower end suspension be considered as penalty.
Mr Moseley submitted that a 2-day suspension should be considered as penalty due to the low level of carelessness. He also stated that he does ride from time to time in the North Island but had not done so for several months and did not seek any North Island dates to be included and asked that his good record and admission of the breach be taken into consideration when considering penalty.
The matter of deferment was not discussed as there were no relevant South Island meetings in the next 7 days.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Mr Moseley’s frank admission of the breach and the level of carelessness which we assessed as low. Mr Moseley’s record showed a 6-day suspension on 15 October 2016 and despite this breach, 4 months prior, we were prepared to consider his record as a neutral factor. We also took into consideration the consequences of his carelessness which we determined was a significant aggravating factor.
In adopting the JCA Penalty Guide starting point of a 3-day suspension for a South Island rider the aggravating factor in this case commanded an uplift of 1 day to 4 days. We were however, able to afford Mr Moseley a discount of 1 day for his frank admission of the breach and low level of carelessness. We therefore determined that a 3-day suspension was an appropriate penalty in this case.
penalty:
We therefore determined that Mr Moseley’s Class A Jockeys licence be suspended from the conclusion of racing today 24 February up to and including 12 March 2017. This suspension encompasses the days racing at Dunedin on 4 March, Ashburton on 9 March and Wyndham on 12 March 2017.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Mr T Moseley - Class A Rider
Otherperson: Mr J McLaughlin - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 476147716a2164fc866c409cdf29c3ba
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 001dd3068b14c769c2fb32b87496a62e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/02/2017
meet_title: Canterbury Racing - 24 February 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Canterbury Racing