Canterbury R 19 February 2016 – R 7 – Chair, Mr S Ching
ID: JCA16843
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 19 February 2016
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2016/02/19
Race Number:
R7
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 21 February up to and including 28 February 2016. This suspension encompasses the days racing at Avondale on 24 February, Omakau on 26 February and Cromwell on 28 February 2016.
Facts:
Following the running of Race 7, the Premier Equine Vets Rating 65, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A Rider, Mr T Moseley, the rider of HAPI GIRL, alleging careless riding near the 350m, in that he shifted outwards causing checks to MADAM COURTNEY, ridden by Miss C Barnes and HIGH SOCIETY, ridden by Mr D Prastiyou.
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 M Williamson gave evidence and used video coverage to show that after entering the final straight and near the 350m, HAPI GIRL, ridden by Mr Moseley, was in a 5-6 wide position with MADAM COURTNEY, ridden by Miss C Barnes, ahead of Mr Moseley in a 7 wide position. Just prior to the 350m, MADAM COURTNEY rolled inwards and made contact with HAPI GIRL. A run to the outside of MADAM COURTNEY began to present itself to Mr Moseley shortly afterwards with Mr Moseley opting to shift out into that gap. When attempting to take the run, Mr Moseley, got onto the heels of the horse immediately ahead and as a result his horse shifted out abruptly, quicker than Mr Moseley anticipated and shifted out making firm contact with MADAM COURTNEY who had to check. Trailing runner HIGH SOCIETY also suffered interference in this incident having to check off the heels of MADAM COURTNEY. Mr Williamson stated that there was not a full run available to Mr Moseley when he shifted out but said that it should be taken into account that Mr Moseley’s mount has taken off on him and aggravated the situation, resulting in the interference being at a high level.
Mr Moseley stated that he gave his mount a few strikes with the whip just prior to this incident and had his horse “wound up” in anticipation of the gap opening up. He said his horse accelerated quickly and he found himself on the heels of ZIPPIN. He said he angled out and his horse over reacted and took off outwards causing the interference to MADAM COURTNEY.
Submissions for Penalty:
Mr McLaughlin submitted that Mr Moseley had been frank and forthright in his admission of the breach. He stated Mr Moseley’s penalty record showing a suspension of 2 days at the Banks Peninsula meeting on 1 November 2015. He said Mr Moseley was a very busy South Island rider who travels to the Northern District from time to time to ride for trainers Mr & Mrs K Rae.
He submitted that the level of carelessness was low-range with the consequences of that carelessness being at a high level although there was mitigation to be taken into consideration. He submitted that after taking all matters into consideration a 3 South Island day suspension be considered as penalty in this case.
Mr Moseley stated that he had been asked to ride for Mr & Mrs Rae at Avondale on 24 February. Mr McLaughlin stated that they accepted that Mr Moseley rode from time to time for Mr & Mrs Rae in the Northern District but reiterated that his submission was for a 3 South Island day suspension. Mr Moseley said that a 3-day suspension was fair in the circumstances.
Deferment was discussed with Mr Moseley with Mr Moseley opting to take any penalty as soon as possible.
Reasons for Penalty:
In determining penalty, the Committee took into consideration Mr Moseley’s frank and ready admission of the breach, the level of carelessness, which we assessed as low with the consequences being high, although with some mitigation. We assessed Mr Moseley’s record as neutral as he was a busy rider and it had been several months since his last breach. 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 to 4 days. However, we were able to give Mr Moseley a discount of 1 day for his frank admission of the breach. We therefore determined that a 3-day suspension was an appropriate penalty in this case. We also took into consideration that Mr Moseley had been asked to ride at the Avondale meeting on 24 February 2016 for Mr & Mrs Rae.
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: a94891c86ceaf1dfd90278644db483e3
informantnumber: A6371
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Alleged breach of Rule 638(1)(d)-Careless riding
plea: admitted
penaltyrequired: 1
decisiondate: 22/02/2016
hearing_title: Canterbury R 19 February 2016 - R 7 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 7, the Premier Equine Vets Rating 65, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A Rider, Mr T Moseley, the rider of HAPI GIRL, alleging careless riding near the 350m, in that he shifted outwards causing checks to MADAM COURTNEY, ridden by Miss C Barnes and HIGH SOCIETY, ridden by Mr D Prastiyou.
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 M Williamson gave evidence and used video coverage to show that after entering the final straight and near the 350m, HAPI GIRL, ridden by Mr Moseley, was in a 5-6 wide position with MADAM COURTNEY, ridden by Miss C Barnes, ahead of Mr Moseley in a 7 wide position. Just prior to the 350m, MADAM COURTNEY rolled inwards and made contact with HAPI GIRL. A run to the outside of MADAM COURTNEY began to present itself to Mr Moseley shortly afterwards with Mr Moseley opting to shift out into that gap. When attempting to take the run, Mr Moseley, got onto the heels of the horse immediately ahead and as a result his horse shifted out abruptly, quicker than Mr Moseley anticipated and shifted out making firm contact with MADAM COURTNEY who had to check. Trailing runner HIGH SOCIETY also suffered interference in this incident having to check off the heels of MADAM COURTNEY. Mr Williamson stated that there was not a full run available to Mr Moseley when he shifted out but said that it should be taken into account that Mr Moseley’s mount has taken off on him and aggravated the situation, resulting in the interference being at a high level.
Mr Moseley stated that he gave his mount a few strikes with the whip just prior to this incident and had his horse “wound up” in anticipation of the gap opening up. He said his horse accelerated quickly and he found himself on the heels of ZIPPIN. He said he angled out and his horse over reacted and took off outwards causing the interference to MADAM COURTNEY.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Moseley had admitted this breach of the Rules it was found to be proved.
sumissionsforpenalty:
Mr McLaughlin submitted that Mr Moseley had been frank and forthright in his admission of the breach. He stated Mr Moseley’s penalty record showing a suspension of 2 days at the Banks Peninsula meeting on 1 November 2015. He said Mr Moseley was a very busy South Island rider who travels to the Northern District from time to time to ride for trainers Mr & Mrs K Rae.
He submitted that the level of carelessness was low-range with the consequences of that carelessness being at a high level although there was mitigation to be taken into consideration. He submitted that after taking all matters into consideration a 3 South Island day suspension be considered as penalty in this case.
Mr Moseley stated that he had been asked to ride for Mr & Mrs Rae at Avondale on 24 February. Mr McLaughlin stated that they accepted that Mr Moseley rode from time to time for Mr & Mrs Rae in the Northern District but reiterated that his submission was for a 3 South Island day suspension. Mr Moseley said that a 3-day suspension was fair in the circumstances.
Deferment was discussed with Mr Moseley with Mr Moseley opting to take any penalty as soon as possible.
reasonsforpenalty:
In determining penalty, the Committee took into consideration Mr Moseley’s frank and ready admission of the breach, the level of carelessness, which we assessed as low with the consequences being high, although with some mitigation. We assessed Mr Moseley’s record as neutral as he was a busy rider and it had been several months since his last breach. 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 to 4 days. However, we were able to give Mr Moseley a discount of 1 day for his frank admission of the breach. We therefore determined that a 3-day suspension was an appropriate penalty in this case. We also took into consideration that Mr Moseley had been asked to ride at the Avondale meeting on 24 February 2016 for Mr & Mrs Rae.
penalty:
We therefore determined that Mr Moseley’s Class A Jockeys licence be suspended from the conclusion of racing on 21 February up to and including 28 February 2016. This suspension encompasses the days racing at Avondale on 24 February, Omakau on 26 February and Cromwell on 28 February 2016.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: J McLaughlin- Stipendiary Steward
JockeysandTrainer: T Moseley-Licensed Class A Rider
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2cf1dcafef9426460075464593e13867
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2825f543e5af9c4d4988b3cf68c319bd
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/02/2016
meet_title: Canterbury Racing - 19 February 2016
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