Banks Peninsula RC 3 April 2012 – R 1
ID: JCA14596
Code:
Thoroughbred
Meet Title:
Banks Peninsula RC - 3 April 2012
Meet Chair:
SChing
Meet Committee Member 1:
RMcKenzie
Race Date:
2012/04/03
Race Number:
R 1
Decision:
As Mr Moseley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
We therefore determined that Mr Moseley’s jockeys license be suspended from the conclusion of racing on 7 April 2012 until the conclusion of racing 12 April 2012 which encompasses the days racing at Riverton on 9 April and Otago Racing on 12 April.
Charge:
Alleged breach of Rule 638(1)(d).
Facts:
Following the running of Race 2, the Silverfern Accomodation Maiden 1400 Metres, an Information was filed by Stipendiary Steward, Mr J M McLaughlin, against jockey, Mr T R Moseley, the rider of “Mary Burke”, alleging careless riding near the 1000m.
The charge reads as follows:
“I the above named Informant, allege that the above named Respondent, committed a breach of Rule 638(1)(d) in that Mr Moseley shifted in when not clear of” Global Partner” which had to be checked. “Sandy’s Girl” which was following was also inconvenienced, near the 1000m.”
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.
Submissions for Decision:
Mr McLaughlin gave evidence and used video coverage with assistance from Stipendiary Steward, Mr A L Ray, to show that near the 1000m “Mary Burke” ridden by Mr Moseley had shifted in, from a 3 wide position to a 2 wide position, into the line of “Global Partner” ridden by M Cameron, when not clear, causing that horse to check. As a result the trailing runner “Sandy’s Girl” was inconvenienced in this incident. Mr McLaughlin submitted that Mr Moseley was only 1¼ lengths ahead of “Global Partner” when shifting in. He also submitted that “Global Partner” was over racing at the time of this incident.
Mr Moseley admitted that he had made an error of judgement but submitted that the interference was at the lower end of the scale and that consideration should be given to the fact that “Global Partner” was overracing at the time.
Submissions for Penalty:
Mr McLaughlin stated that Mr Moseley had an excellent penalty record and had not been before a Judicial Committee for almost two years. In addition he submitted that Mr Moseley should be given credit for his ready admission of the breach. He also submitted that in the Stewards opinion the breach was at the lower end of the scale and that a suspension of two days should be considered.
Mr Moseley submitted that the breach was at the lower end of the scale and combined with his good record and ready admission of the breach that a two day suspension was fair.
Reasons for Penalty:
In determining penalty the Committee took into consideration Mr Moseley’s excellent penalty record and his frank admission of the breach .The Committee also determined that the breach was at the lower end of the scale of carelessness. After taking all mitigating factors into consideration and penalties given for similar breaches of this Rule, the Committee determined that a suspension of two riding days was appropriate on this occasion.
Mr Moseley had given submissions that a partial stay of penalty be granted until after the conclusion of racing on 7 April to enable him to for fulfil obligations for the Riverton meeting on that date if a term of suspension was imposed.
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: 9831bef53fc5f077af4d06022858d439
informantnumber: A5360
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 02/04/2012
hearing_title: Banks Peninsula RC 3 April 2012 - R 1
charge:
Alleged breach of Rule 638(1)(d).
facts:
Following the running of Race 2, the Silverfern Accomodation Maiden 1400 Metres, an Information was filed by Stipendiary Steward, Mr J M McLaughlin, against jockey, Mr T R Moseley, the rider of “Mary Burke”, alleging careless riding near the 1000m.
The charge reads as follows:
“I the above named Informant, allege that the above named Respondent, committed a breach of Rule 638(1)(d) in that Mr Moseley shifted in when not clear of” Global Partner” which had to be checked. “Sandy’s Girl” which was following was also inconvenienced, near the 1000m.”
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.
appealdecision:
isappeal:
submissionsfordecision:
Mr McLaughlin gave evidence and used video coverage with assistance from Stipendiary Steward, Mr A L Ray, to show that near the 1000m “Mary Burke” ridden by Mr Moseley had shifted in, from a 3 wide position to a 2 wide position, into the line of “Global Partner” ridden by M Cameron, when not clear, causing that horse to check. As a result the trailing runner “Sandy’s Girl” was inconvenienced in this incident. Mr McLaughlin submitted that Mr Moseley was only 1¼ lengths ahead of “Global Partner” when shifting in. He also submitted that “Global Partner” was over racing at the time of this incident.
Mr Moseley admitted that he had made an error of judgement but submitted that the interference was at the lower end of the scale and that consideration should be given to the fact that “Global Partner” was overracing at the time.
reasonsfordecision:
Decision:
As Mr Moseley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr McLaughlin stated that Mr Moseley had an excellent penalty record and had not been before a Judicial Committee for almost two years. In addition he submitted that Mr Moseley should be given credit for his ready admission of the breach. He also submitted that in the Stewards opinion the breach was at the lower end of the scale and that a suspension of two days should be considered.
Mr Moseley submitted that the breach was at the lower end of the scale and combined with his good record and ready admission of the breach that a two day suspension was fair.
reasonsforpenalty:
In determining penalty the Committee took into consideration Mr Moseley’s excellent penalty record and his frank admission of the breach .The Committee also determined that the breach was at the lower end of the scale of carelessness. After taking all mitigating factors into consideration and penalties given for similar breaches of this Rule, the Committee determined that a suspension of two riding days was appropriate on this occasion.
Mr Moseley had given submissions that a partial stay of penalty be granted until after the conclusion of racing on 7 April to enable him to for fulfil obligations for the Riverton meeting on that date if a term of suspension was imposed.
penalty:
We therefore determined that Mr Moseley’s jockeys license be suspended from the conclusion of racing on 7 April 2012 until the conclusion of racing 12 April 2012 which encompasses the days racing at Riverton on 9 April and Otago Racing on 12 April.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: JM McLaughlin - Stipendiary Steward
JockeysandTrainer: TR Moseley - Licensed Jockey
Otherperson: AL Ray - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 05d08b07bbaf71885a1d782f9de67da0
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cf1c2bf1c2d78cd49f0d76106535a229
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/04/2012
meet_title: Banks Peninsula RC - 3 April 2012
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: RMcKenzie
meet_pm2: none
name: Banks Peninsula RC