Waikouaiti RC – 1 January 2006 – Race 5

hearingid: 2e80b0b2328b0a4c8b1664fd9d75d94a

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2006

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hearing_title: Waikouaiti RC - 1 January 2006 - Race 5

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Mr Moseley has admitted a breach of rule 871(1)(d), in that he allowed his mount, LURK, to roll in when under a hard ride in the last 100 metres of race 5

Mr Moseley has admitted a breach of rule 871(1)(d), in that he allowed his mount, LURK, to roll in when under a hard ride in the last 100 metres of race 5. As a consequence Ms Cameron who finished 4^th had to grab up and ease. He was not his length plus another length clear. As the margins were 1 1/2 L between 4^th and 3^rd,, after viewing the videos, the connections of BERLIN did not protest.

Mr Ching stated that Mr Moseley did not move a lot but it was enough to take Ms Cameron's line. Mr Moseley said his horse was under pressure, that all horse making ground had moved out as a consequence of PAULMAC, which had led into the straight, tiring and dictating the line down the straight. He said he was a victim of circumstances, that he was not aware Ms Cameron was there, the ground was very testing, his movement was not a lot, and it was in the last 5 or 6 strides.

Mr Ching stated the incident was in the lower to middle range and asked for a monetary penalty. He stated the incident was similar to that at Kurow when Ms Lawson moved only slightly but inconvenienced 2 jockeys. He emphasised that had the margins been different a protest would have resulted from Mr Moseley's actions. Mr Moseley said he believed his actions were not as culpable as those of Ms Lawson as it was very close to the line, he only moved 1 horse width, and the winner contributed to the incident by moving out.

We agree that the incident is lower to middle range and would view it as being not quite as bad as the incident at Kurow to which our attention has been drawn. There the movement was similar but it was at the start of the run home, 2 jockeys were affected with 1 hitting the running rail. Nonetheless, the progress of Ms Cameron's mount was clearly affected by Mr Moseley's actions. We accept as a mitigating factor that the winner may have moved out slightly but nonetheless the major contributor to Ms Cameron's mount being denied a run was inwards movement from LURK.

Mr Moseley has agreed with Mr Ching's submission that a monetary penalty is appropriate. In light of the fact that Mr Moseley has admitted the breach and has an excellent record, with no charges this season and just 1 warning, we accept that a fine is appropriate. We fine Mr Moseley the sum of $475 and remind him of his obligations under the Rules of Racing.

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hearing_type: Old Hearing

Rules: 871.1.d

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