Non Raceday Inquiry RIU v J Moody 19 July 2013 – Decision dated 21 July 2013

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informantnumber: A4274

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decisiondate: 18/07/2013

hearing_title: Non Raceday Inquiry RIU v J Moody 19 July 2013 - Decision dated 21 July 2013

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appealdecision: NO LINKED APPEAL DECISION

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Decision:

Non Raceday Inquiry RIU v Mr J Moody

Rules:

802(1)(a)

BEFORE THE JUDICIAL CONTROL AUTHORITY

UNDER THE RACING ACT 2003

HELD AT MATAMATA

IN THE MATTER of the New Zealand Rules of Racing

BETWEEN Mr J Oatham – Senior Stipendiary Steward

Informant

AND Mr J Moody – Raceday Official / Starter

Defendant

Information No: A4274

Venue: Matamata Racecourse

Judicial Committee: Mr A Dooley, Chairman - G Tankard, Committee

Appearing: Mr J Oatham – Senior Stipendiary Steward

Mr W Robinson – Stipendiary Steward

Registrar: Mr B Jones – Assistant Stipendiary Steward

Plea: Admitted

Date of Hearing: 19 July 2013

Charge

Following the running of race 10, The Cambridge – Te Awamutu Harness Racing Club, an Information was filed pursuant to Rule 802(1)(a). The Informant, Mr Oatham, alleged that Mr J Moody, Starter, on Wednesday 3 July 2013 at the race meeting of the Cambridge Jockey Club held at Te Rapa Racecourse when acting in his capacity as Starter he failed to comply with section 6.16 of the NZTR Starter's Manual in that when starting Race 10, he failed to ensure that all personnel were clear of the front of the starting stalls resulting in a barrier attendant being struck by the horse CLARA JANE and that he is thereby liable to any penalty or penalties that may be imposed upon him pursuant to Rule 803(1).

Mr Moody acknowledged that he understood the nature of the charge and the Rule.

Rule 802(1)(a) provides : A person commits a breach of these Rules who: (a) acts in contravention of or fails to comply with any provision of these Rules or any Regulations made there under, or any policy, notice, direction, instruction, guideline ,restriction, requirement or condition given, made or imposed under these Rules.

Starter to Check : Section 6.16 of the NZTR Starters Manual provides: The Starter shall ensure prior to starting the race or heat that all lead ropes are off, all riders are on horse, all personnel are clear of the front of the starting stalls and that no action is taken that could place any person in danger. The Starter shall pay particular attention to the safety and welfare of riders, their mounts and racing officials in ensuring safe, efficient and fair starts.

Mr Moody confirmed that relevant documents had been disclosed to him. Mr Moody said he accepted the contents of the documents and consented to the contents being admitted as evidence.

Evidence for the Informant

Mr Oatham presented to the Committee a summary of facts:

Mr J Moody was officiating as Starter at the Cambridge Jockey Club’s race meeting held at the Te Rapa Racecourse on Wednesday 3 July 2013. Mr G Dickinson was employed as the Assistant Starter on this race day.

The horse CLARA JANE, a 3YO filly trained by Mr James, was a starter in Race 10 at the above race meeting being a R65 Fillies and Mares race over a distance of 1600 metres and ridden by apprentice jockey Mr L Magorrian.

CLARA JANE which was drawn to start from the outside barrier in the field of eleven runners proved reluctant to load eventually being led into its barrier stall by a barrier attendant. Due to the filly’s reluctance to load CLARA JANE was the last of the field to enter the barriers.

Mr Moody was on his stand when CLARA JANE entered the barriers and effected the start of the race shortly after.

At the time of effecting the start of the race the barrier attendant who had led the filly in was still in the barrier stall with CLARA JANE and was knocked to the ground. As a result CLARA JANE was severely impeded losing approx. 15-20 lengths. The barrier attendant was thankfully uninjured in this incident.

CLARA JANE went on to finish in third placing in the race with as per Rule 632 there being no provision for the filly to be considered as a non-runner. Clearly connections of the filly along with patrons who had invested on CLARA JANE in many bet types would feel aggrieved.

Messrs Moody and Dickinson were both interviewed immediately after the race. Mr Moody stated that he had been unaware of the barrier attendant still being in the barrier stall with CLARA JANE. Mr Dickinson said that he thought that there was still another runner/s to load after the filly entered the barriers. Mr Moody had been on his stand behind and to the inside of the field. Mr Dickinson had been standing to the outside of the barriers a matter of only a few yards from CLARA JANE.

All six barrier attendants working at the start were also interviewed along with apprentice jockey Mr L Magorrian. In summary this evidence indicated that no-one was expecting the start to be effected until hearing the starter’s call of “watch your gates”. At this point there were calls of No, No, No from various members of the barrier staff which are clearly audible on footage of the start but appear to have been made as the starter had already depressed the start button.

Mr Moody acknowledged that his actions had fallen well short of what was expected when carrying out his race day starting duties. He fully co-operated with the Stipendiary Stewards’ investigation advising at the first opportunity that the charges would be admitted.

Mr Robinson demonstrated to the Committee the alleged incident by using the head on and side on video films. He pointed out to the Committee that CLARA JANE which had drawn to start from the outside barrier was reluctant to load. This required CLARA JANE to have a barrier attendant lead her into the stalls. He noted at this point the final 2 horses, drawn closer in, had entered their respective barrier stalls as CLARA JANE had backed out of hers. He said when the gates opened the barrier attendant was still holding onto CLARA JANE which resulted in him being knocked over. This then resulted in CLARA JANE being severely hampered losing approximately 15 to 20 lengths.

Evidence for the Respondent

Mr Moody advised the Committee that there was a communication breakdown between him and his Assistant Starter. He said he did not hear the call “man in front” so he presumed it was clear to start the race. He thought that his Assistant Starter, Mr Dickinson, was aware of his obligation to call out “man in front”. He stated that he had scanned to the outside barriers then called is it clear and heard no reply. He finally added that he heard a call from the barriers attendants however, this was too late as he had just activated the start.

Mr Moody informed the Committee that he didn't see CLARA JANE back out of her stall as he was focusing on a horse with a barrier blanket which was meant to be last to load in to the barriers. He admitted that the normal call of “last horse coming in” was not used because he was not aware CLARA JANE had backed out. At this point Mr Moody acknowledged he was guilty in presuming it was clear to start the race.

Mr Moody openly admitted to the Committee that he was not aware of the NZTR Starter's Manual. He later became aware of the Manual when Mr Oatham carried out his investigation into the incident. He said Mr Oatham has since provided him with the NZTR Starters Manual.

In response to a question from the Committee, Mr Moody acknowledged that he was aware of his obligations under this Rule which require the correct procedures be followed.

Decision

As Mr Moody admitted the breach we find the charge proved.

Submissions as to Penalty

In relation to penalty Mr Oatham submitted that Mr Moody had been an Assistant Starter from 2006 until last year when he started his first full season as the Official Starter. He said Mr Moody had a clear record under this Rule and was fully co- operative with Stewards in admitting the breach. He stated the Integrity and Safety was severely compromised in this incident and noted there was no precedent. He added he was aware of a similar incident that occurred approximately 10 years ago but unable to obtain the penalty that was imposed.

Mr Oatham said the only relevant breach to assist the Committee in determining penalty was when a Starter in the South Island permitted a horse to run from an incorrect barrier, this attracted a $400 fine. Mr Oatham submitted this particular breach should be dealt with by way of a fine in the $500 to $600 range.

Mr Moody referred the Committee to a similar barrier incident in the South Island which resulted in the Starter not being charged. He raised this issue on the basis of fairness and consistency. The Committee explained to Mr Moody we are not in a position to take into account this matter given the circumstances were not put before a Judicial Committee.

Mr Moody did not wish to comment on an appropriate penalty. However, he emphasised to the Committee that new communication systems were in place and lessons had been learnt from the barrier incident.

Reasons for Penalty

The Committee carefully considered all the evidence and submissions presented. The mitigating factors are Mr Moody's admission of the breach and his clear record in relation to this Rule. The aggravating fact is he placed a barrier attendant in danger and failed to pay attention to the safety and welfare of riders, their mounts and racing officials in ensuring safe, efficient and fair starts. Fortunately the barrier attendant was not injured in this incident.

The Committee believes it is obvious that any analysis of the film would lead an objective viewer to the conclusion that CLARA JANE would have won the race if she had not been badly impeded at the start. We assess CLARA JANE lost a conservative 15 lengths as a result of the barrier incident. Therefore the betting public would feel aggrieved with the result because under Rule 632 there is no provision to declare CLARA JANE a non starter. It is paramount for the reputation of the racing industry that the betting public and license holder’s confidence is maintained at the highest level.

The Committee accepts that there was no intent on Mr Moody's part and he showed genuine remorse during the hearing. In our view Mr Moody made a bad error of judgement in “presuming” that it was safe to start the race.

The Committee after hearing the evidence expressed their concern that Mr Moody on July 3 did not have a copy of the NZTR Starter's Manual which came into effect in 2009. Mr Oatham when carrying out his investigation became aware that Mr Moody was not aware of the Starters Manual and subsequently provided him with a copy of this document.

The Committee referred to the JCA penalty guide, which recommends the starting point under this Rule is fact dependent and the records show there was no precedent for a similar breach.

After taking into account all the above factors we consider an appropriate penalty is a $500 fine.

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Accordingly, Mr Moody was fined $500.

Due to this matter being heard on a raceday there will be no order for JCA costs.

A Dooley                G Tankard

Chair                      Committee Member

21 July 2013

hearing_type: Non-race day

Rules: 802(1)(a)

Informant: Mr J Oatham - Senior Stipendiary Steward

JockeysandTrainer:

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PersonPresent: Mr J Oatham - Senior Stipendiary Steward, Mr W Robinson - Stipendiary Steward, Mr J Moody - Raceday Official/Starter

Respondent: Mr J Moody - Raceday Official/Starter

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