Ashburton RC 15 Octber 2016 – R 7 – Chair, Mr S Ching
ID: JCA13568
Code:
Thoroughbred
Meet Title:
Ashburton RC - 15 October 2016
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2016/10/15
Race Number:
R 7
Decision:
As Mr Moseley had admitted this breach of the Rules it was found to be proved.
Penalty:
We therefore determined that Mr Moseley’s Class A Jockeys licence be suspended from the conclusion of racing on 15 October up to and including 30 October 2016. This suspension encompasses the days racing at Oamaru on 20 October, Christchurch on 22 October, Gore on 28 October and Banks Peninsula on 30 October.
Facts:
Following the running of Race 7, the Heartland Digital Print Rating 65, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A Rider, Mr T Moseley, the rider of MADAM COURTNEY, alleging careless riding near the 350m, in that he shifted outwards to obtain clear running when not clear of RUBY ROW, who clipped a heel and fell.
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 McLaughlin, with the assistance of Stipendiary Steward, Mr A Coles, gave evidence and used video coverage to show that after entering the final straight and near the 350m, MADAM COURTNEY, ridden by Mr Moseley, was in an approximate 1 to 2 off position with RUBY ROW, ridden by Miss J Morris, racing on his outer and approximately ¾ length behind Mr Moseley. Mr Moseley, when looking to improve, angled his mount out and shifted into the line of RUBY ROW, who clipped a heel and fell. He stated that the films clearly showed Miss Morris having to turn her horses head outwards in order to try and avoid MADAM COURTNEY’s heels. Mr Coles stated that Mr Moseley probably thought he was going good enough to shift out and clear Miss Morris in this manoeuvre but had misjudged his movement. Mr Coles said that Mr Moseley was only a bare length ahead of Miss Morris when he shifted outward. He stated that it was clear that Mr Moseley was not the required distance clear of Miss Morris when shifting into the running line of RUBY ROW.
Mr Moseley stated that the evidence presented by the Stewards was accurate. He said he had looked behind and thought he was clear of other runners. He submitted that he had heard a call from Miss Morris but by then he had shifted into her line. He agreed he had made an error of judgement and was apologetic and remorseful that the incident had happened.
Submissions for Penalty:
Mr McLaughlin stated Mr Moseley’s penalty record showing a suspension of 2 days at the Banks Peninsula meeting on 1 November 2015 nearly 12 months prior and a 3-day suspension at Riccarton on 19 February 2016. He submitted that the level of carelessness in this case was mid to high with the consequences of his carelessness being high. He submitted that after taking all matters into consideration a 3-week suspension be considered as penalty in this case.
Mr Moseley submitted that 3 weeks was severe but appreciated that someone had fallen. He stated that he had been riding from time to time, in the North Island and thought that should be taken into consideration when determining penalty.
Deferment was discussed at length with Mr Moseley with Mr Moseley opting to take any penalty immediately.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Mr Moseley’s frank admission of the breach, the level of carelessness, to which we agreed with the Stewards’ assessment as being mid to high, with the consequences being high. We assessed Mr Moseley’s penalty record as neutral as he was a busy South Island rider, sometimes riding in the North Island, and it had been eight months since his last breach. The Committee determined that a meaningful penalty in this case was a South Island day term of suspension. In taking the JCA Penalty Guide starting point of 3 days for a South Island rider, the aggravating factors of this case commanded an uplift of 2 days to 5 days. However, we were able to give Mr Moseley a discount of 1 day for his frank admission and genuine remorse of the breach. We therefore determined that a 4 South Island 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: 47083d99afd30b17910c9bf6633c4e06
informantnumber: A3249
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 18/10/2016
hearing_title: Ashburton RC 15 Octber 2016 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Heartland Digital Print Rating 65, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A Rider, Mr T Moseley, the rider of MADAM COURTNEY, alleging careless riding near the 350m, in that he shifted outwards to obtain clear running when not clear of RUBY ROW, who clipped a heel and fell.
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 McLaughlin, with the assistance of Stipendiary Steward, Mr A Coles, gave evidence and used video coverage to show that after entering the final straight and near the 350m, MADAM COURTNEY, ridden by Mr Moseley, was in an approximate 1 to 2 off position with RUBY ROW, ridden by Miss J Morris, racing on his outer and approximately ¾ length behind Mr Moseley. Mr Moseley, when looking to improve, angled his mount out and shifted into the line of RUBY ROW, who clipped a heel and fell. He stated that the films clearly showed Miss Morris having to turn her horses head outwards in order to try and avoid MADAM COURTNEY’s heels. Mr Coles stated that Mr Moseley probably thought he was going good enough to shift out and clear Miss Morris in this manoeuvre but had misjudged his movement. Mr Coles said that Mr Moseley was only a bare length ahead of Miss Morris when he shifted outward. He stated that it was clear that Mr Moseley was not the required distance clear of Miss Morris when shifting into the running line of RUBY ROW.
Mr Moseley stated that the evidence presented by the Stewards was accurate. He said he had looked behind and thought he was clear of other runners. He submitted that he had heard a call from Miss Morris but by then he had shifted into her line. He agreed he had made an error of judgement and was apologetic and remorseful that the incident had happened.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Moseley had admitted this breach of the Rules it was found to be proved.
sumissionsforpenalty:
Mr McLaughlin stated Mr Moseley’s penalty record showing a suspension of 2 days at the Banks Peninsula meeting on 1 November 2015 nearly 12 months prior and a 3-day suspension at Riccarton on 19 February 2016. He submitted that the level of carelessness in this case was mid to high with the consequences of his carelessness being high. He submitted that after taking all matters into consideration a 3-week suspension be considered as penalty in this case.
Mr Moseley submitted that 3 weeks was severe but appreciated that someone had fallen. He stated that he had been riding from time to time, in the North Island and thought that should be taken into consideration when determining penalty.
Deferment was discussed at length with Mr Moseley with Mr Moseley opting to take any penalty immediately.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Mr Moseley’s frank admission of the breach, the level of carelessness, to which we agreed with the Stewards’ assessment as being mid to high, with the consequences being high. We assessed Mr Moseley’s penalty record as neutral as he was a busy South Island rider, sometimes riding in the North Island, and it had been eight months since his last breach. The Committee determined that a meaningful penalty in this case was a South Island day term of suspension. In taking the JCA Penalty Guide starting point of 3 days for a South Island rider, the aggravating factors of this case commanded an uplift of 2 days to 5 days. However, we were able to give Mr Moseley a discount of 1 day for his frank admission and genuine remorse of the breach. We therefore determined that a 4 South Island 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 on 15 October up to and including 30 October 2016. This suspension encompasses the days racing at Oamaru on 20 October, Christchurch on 22 October, Gore on 28 October and Banks Peninsula on 30 October.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr T Moseley - Licensed Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4ce52787c3638a4c65dbee815e6d4f41
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 316508e6c5aebf055801537d79c6570e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/10/2016
meet_title: Ashburton RC - 15 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Ashburton RC