Gore RC 1 November 2018 – R 7 – Chair, Prof G Hall
ID: JCA15448
Code:
Thoroughbred
Meet Title:
Gore RC - 1 November 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/11/01
Race Number:
R 7
Decision:
As Mr Moseley has admitted the breach, we find the breach proved.
Penalty:
Mr Moseley is suspended from riding from the conclusion of the meeting on 6 November up to and including 13 November 2018 (5 days).
Facts:
Mr McLaughlin alleged that Mr Moseley used his whip excessively on his mount SHANTAV prior to the 100 metres in race 7, the PETERS GENETICS & GRANT FARMING PARTNERSHIP HANDICAP.
Rule 638(3)(b)(ii) provides: “A Rider shall not strike a horse with a whip in a manner or to an extent, which is excessive.”
The “Guidelines with Respect to Acceptable Use of the Whip” provide:
“Without affecting the generality of r 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines: Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.”
Mr McLaughlin had Mr Davidson demonstrate the breach using the videos. He pointed out there were 10 strikes before the 100 metres. There was no clear break for five strides. There were brief pauses but only for a stride or two.
Mr Moseley said it was a wet track and he had gone back to “old habits” of not going back to the reins. He accepted he had simply not broken it up enough.
Submissions for Penalty:
Mr McLaughlin produced the respondent’s record, which evidenced two previous breaches of this rule in the past year. Mr Moseley was fined $300 on 11 November 2017 and $500 on 23 February 2018. Mr McLaughlin said a suspension of 5 or 6 days was appropriate.
Mr Moseley accepted Mr McLaughlin’s submission. After consideration, he requested a deferment until after the Otago meeting on 6 November. Mr McLaughlin had no objection to this.
Reasons for Penalty:
New whip guidelines were introduced on 1 August last year and updated penalty guidelines pertaining to whip use came into effect on 1 November.
The updated starting points for breaches of r 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days suspension.
This is the respondent’s third breach of this rule since the guidelines came into force. There are 10 strikes with no clear break for five. The starting point in the Penalty Guide is a 6-8 day suspension. We take a starting point at the bottom of this range of 6 days. There are no aggravating factors. Mr Moseley is a busy rider and it is estimated he has had some 400 rides since his previous breach of this rule just over 8 months ago. We give a one-day discount from our 6-day starting point.
JCA Decision Fields (raw)
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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: 944ba798c7393c14678cd1239f632147
informantnumber: A5733
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/11/2018
hearing_title: Gore RC 1 November 2018 - R 7 - Chair, Prof G Hall
charge:
facts:
Mr McLaughlin alleged that Mr Moseley used his whip excessively on his mount SHANTAV prior to the 100 metres in race 7, the PETERS GENETICS & GRANT FARMING PARTNERSHIP HANDICAP.
Rule 638(3)(b)(ii) provides: “A Rider shall not strike a horse with a whip in a manner or to an extent, which is excessive.”
The “Guidelines with Respect to Acceptable Use of the Whip” provide:
“Without affecting the generality of r 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines: Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.”
Mr McLaughlin had Mr Davidson demonstrate the breach using the videos. He pointed out there were 10 strikes before the 100 metres. There was no clear break for five strides. There were brief pauses but only for a stride or two.
Mr Moseley said it was a wet track and he had gone back to “old habits” of not going back to the reins. He accepted he had simply not broken it up enough.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Moseley has admitted the breach, we find the breach proved.
sumissionsforpenalty:
Mr McLaughlin produced the respondent’s record, which evidenced two previous breaches of this rule in the past year. Mr Moseley was fined $300 on 11 November 2017 and $500 on 23 February 2018. Mr McLaughlin said a suspension of 5 or 6 days was appropriate.
Mr Moseley accepted Mr McLaughlin’s submission. After consideration, he requested a deferment until after the Otago meeting on 6 November. Mr McLaughlin had no objection to this.
reasonsforpenalty:
New whip guidelines were introduced on 1 August last year and updated penalty guidelines pertaining to whip use came into effect on 1 November.
The updated starting points for breaches of r 638(3)(b)(ii) are:
1st breach $300
2nd breach $500
3rd or subsequent breach 6-8 national riding days suspension.
This is the respondent’s third breach of this rule since the guidelines came into force. There are 10 strikes with no clear break for five. The starting point in the Penalty Guide is a 6-8 day suspension. We take a starting point at the bottom of this range of 6 days. There are no aggravating factors. Mr Moseley is a busy rider and it is estimated he has had some 400 rides since his previous breach of this rule just over 8 months ago. We give a one-day discount from our 6-day starting point.
penalty:
Mr Moseley is suspended from riding from the conclusion of the meeting on 6 November up to and including 13 November 2018 (5 days).
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: Mr J McLaughlin - Stipendiary Steward
JockeysandTrainer: Mr T Moseley - Licensed Jockey
Otherperson: Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: dcfdd43ed4e66d6b8edd1bfe71ffc786
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: ad6063975449c9d81b980a480082a793
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/11/2018
meet_title: Gore RC - 1 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-rc
meet_racingtype: thoroughbred-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Gore RC