Avondale JC – 25 April 2008 – Race 8

hearingid: 160e761fca5799f3fda7e54c8599c3b8

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hearing_racingtype: thoroughbred-racing

startdate: 25/04/2008

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hearing_title: Avondale JC - 25 April 2008 - Race 8

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Decision:

Following Race 8,the Sapich Brothers Wines 1200,  Stipendiary Steward AR Coles filed an information alleging that the Defendant D Leung permitted his mount Crom Abu to shift inwards near the 900 metres mark when not sufficiently clear of Sol Invictus, (J McDonald) who was in turn forced inwards crowding Class of SixtyTwo (L Innes) and Outrageous Fortune (A Calder).

Stipendiary Steward J Oatham, for the Informant, demonstrated the Defendant’s actions about the 900 metres mark – commencing when he allowed his mount –then some three widths out, to shift inwards when not clear of Sol Invictus.  Heeding calls from inside him, the Defendant straightened his mount for several strides before allowing his mount to again move towards the fence, despite still not being sufficiently clear. The resultant crowding caused the riders of Sol Invictus, Class of SixtyTwo and Outrageous Fortune to check and re-position their mounts.  Mr Oatham confirmed that the Defendant’s horse was never more than three quarters of a length clear at any stage during the inward movements.

The Defendant confirmed his plea of guilty and had no challenge to the evidence presented against him.

Penalty Decision:

The Informant advised that the Defendant’s riding record was good, and that

notwithstanding Stipendiary warnings and a reprimand, he was a first offender; a status which the Committee accepted. His recommendation was that a 4-5 day suspension was warranted, citing the fact that the consequences of the interference could have been worse.

Mr McRae drew the Committee’s notice to the fact that the Defendant had straightened his mount on two occasions prior to the inward movement which resulted in the charge against him.

The Committee, taking into account the degree of interference, the Defendant’s good record and his admission of guilt, assessed the appropriate penalty as being a suspension of 4 days, and in accord with that finding suspended the Defendant from the end of racing on Saturday the 26 April 2008 to the end of racing on Wednesday 7^th May 2008.

GM Downey                                              D Johnstone

Chairman                                                   Member

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