Canterbury R 10 June 2016 – R 4 – Chair, Mr R McKenzie
ID: JCA17172
Code:
Thoroughbred
Meet Title:
Canterbury Racing - 10 June 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
SChing
Race Date:
2016/06/10
Race Number:
R4
Decision:
Mr Moseley having admitted the charge, it was found proved.
Penalty:
Mr Moseley was fined the sum of $300.
Facts:
Following the running of Race 4, Unichem Spitfire Square Pharmacy Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr T R Moseley, alleging that Mr Moseley, as the rider of OPERA KNIGHT in the race, “used his whip excessively prior to the 200 metres”.
Mr Moseley was present at the hearing of the information and he indicated that he did not wish to enter a plea to the breach. The Committee explained to Mr Moseley that the hearing would proceed on the basis of a defended charge.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
Mr McLaughlin had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 400 metres of the race. He pointed out Mr Moseley, riding OPERA KNIGHT, one horse out from the rail and in or near the lead as the field entered the home straight. Mr McLaughlin pointed out Mr Moseley then draw his whip, then pause, and from that point, Mr McLaughlin alleged, Mr Moseley struck his mount 13 times prior to the 200 metres.
At no stage had Mr Moseley gone back to the whip rein. The horse had not been struck every stride, Mr McLaughlin said, but there was no break whatsoever and Mr Moseley had not gone back to push for the required time between strikes. He should have put his hand back on the whip rein and pushed for six strides, as required by the Guidelines, to break up the 13 strikes, Mr McLaughlin said.
Mr Moseley explained that he had declined to plead to the charge. He accepted that he had struck the horse more times than he expected of himself. He did not hit the horse every stride but accepted that he had not gone back to the whip rein, which was a “flaw” in his riding, he said. His mount was a “dour horse”. He had seen the eventual winner closing on him and he had misjudged the situation. He had had over 13,000 career rides and had only been charged once in that time for a breach of the whip Rule (20 years ago, he thought). It was a misjudgement on his part, warranting a warning rather than a charge, he submitted. He was simply trying too hard.
At this point in the hearing, Mr Moseley sought leave to admit the charge.
Submissions for Penalty:
Mr McLaughlin confirmed that Mr Moseley had a clear record under the Rule. He referred to the Penalty Guide starting point for a beach of the rule of a $500 fine or a 2-days’ suspension. The Stewards did not seek a suspension on this occasion.
Mr Moseley repeated his submission that it was a misjudgement on his part and submitted that the breach was at the lower end of the scale.
Reasons for Penalty:
The Committee, in deciding on penalty, took the starting point of a $500 fine as per the Penalty Guide. The Committee assessed the breach as being mid-range and, as such, no uplift was required from that starting point.
Mr Moseley’s excellent record was a strong mitigating factor and another mitigating factor was his eventual admission of the breach. The Committee determined that those two factors together warranted a discount of $200 from the starting point of $500.
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: d602282f5fb43a8ace5c7c2a34a4b56e
informantnumber: A6383
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 14/06/2016
hearing_title: Canterbury R 10 June 2016 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Unichem Spitfire Square Pharmacy Rating 65, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr T R Moseley, alleging that Mr Moseley, as the rider of OPERA KNIGHT in the race, “used his whip excessively prior to the 200 metres”.
Mr Moseley was present at the hearing of the information and he indicated that he did not wish to enter a plea to the breach. The Committee explained to Mr Moseley that the hearing would proceed on the basis of a defended charge.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
Mr McLaughlin had Stipendiary Steward, Mr M R Davidson, show a video replay of the final 400 metres of the race. He pointed out Mr Moseley, riding OPERA KNIGHT, one horse out from the rail and in or near the lead as the field entered the home straight. Mr McLaughlin pointed out Mr Moseley then draw his whip, then pause, and from that point, Mr McLaughlin alleged, Mr Moseley struck his mount 13 times prior to the 200 metres.
At no stage had Mr Moseley gone back to the whip rein. The horse had not been struck every stride, Mr McLaughlin said, but there was no break whatsoever and Mr Moseley had not gone back to push for the required time between strikes. He should have put his hand back on the whip rein and pushed for six strides, as required by the Guidelines, to break up the 13 strikes, Mr McLaughlin said.
Mr Moseley explained that he had declined to plead to the charge. He accepted that he had struck the horse more times than he expected of himself. He did not hit the horse every stride but accepted that he had not gone back to the whip rein, which was a “flaw” in his riding, he said. His mount was a “dour horse”. He had seen the eventual winner closing on him and he had misjudged the situation. He had had over 13,000 career rides and had only been charged once in that time for a breach of the whip Rule (20 years ago, he thought). It was a misjudgement on his part, warranting a warning rather than a charge, he submitted. He was simply trying too hard.
At this point in the hearing, Mr Moseley sought leave to admit the charge.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Moseley having admitted the charge, it was found proved.
sumissionsforpenalty:
Mr McLaughlin confirmed that Mr Moseley had a clear record under the Rule. He referred to the Penalty Guide starting point for a beach of the rule of a $500 fine or a 2-days’ suspension. The Stewards did not seek a suspension on this occasion.
Mr Moseley repeated his submission that it was a misjudgement on his part and submitted that the breach was at the lower end of the scale.
reasonsforpenalty:
The Committee, in deciding on penalty, took the starting point of a $500 fine as per the Penalty Guide. The Committee assessed the breach as being mid-range and, as such, no uplift was required from that starting point.
Mr Moseley’s excellent record was a strong mitigating factor and another mitigating factor was his eventual admission of the breach. The Committee determined that those two factors together warranted a discount of $200 from the starting point of $500.
penalty:
Mr Moseley was fined the sum of $300.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: J M McLaughlin, Stipendiary Steward
JockeysandTrainer: T R Moseley, Licensed Jockey (Class A)
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 68b303b29d2940288f97095b515947c9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 69385ee4f2442c190103aa9c9c5dd297
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/06/2016
meet_title: Canterbury Racing - 10 June 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-racing
meet_racingtype: thoroughbred-racing
meet_chair: RMcKenzie
meet_pm1: SChing
meet_pm2: none
name: Canterbury Racing