Canterbury JC – 3 October 2009 –

hearingid: 6a31f5f2e84410b6d04bddcfb1c8e4bb

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hearing_racingtype: thoroughbred-racing

startdate: 03/10/2009

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hearing_title: Canterbury JC - 3 October 2009 -

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Decision:

As the result of an incident in Race 7 at the Canterbury Jockey Club’s meeting on Saturday 3 October 2009, Stipendiary Steward, Mr M Davidson, charged Apprentice Jockey J Misbah pursuant to Rule 871(1)(d) of the Rules of Racing (careless riding). 

As the result of an incident in Race 7 at the Canterbury Jockey Club’s meeting on Saturday 3 October 2009, Stipendiary Steward, Mr M Davidson, charged Apprentice Jockey J Misbah pursuant to Rule 871(1)(d) of the Rules of Racing (careless riding). 

Mr Misbah was accompanied in the hearing by PDJ Harris, Licensed Trainer.

Mr Misbah did not admit the charge. 

It was alleged that Mr Misbah angled his mount, “Transcend”, out to obtain clear running when not the required distance clear, causing a check to “Roualyn” (J Laking) near the 300 metres. 

Mr Davidson called Mr Laking to give evidence.  Mr Laking described to the hearing how Mr Misbah was racing on his inside and came out when not his own length, and another length, clear.  He had to check his horse as a consequence and as he said, in order to “avoid heels”.  He stated that Mr Misbah was at the most, one length clear of him at the time that he moved out.

Mr Misbah did not have any questions, although Mr Harris, on behalf of Mr Misbah, asked Mr Laking if he had urged his mount forward at the time.  Mr Laking replied that Mr Misbah was going well, but agreed that he did urge his mount forward and said that he was entitled to do so as he had ownership of the racing line that he was on.

Mr Davidson then called on Stipendiary Steward, Mr A Coles, to demonstrate the incident on the videos.  Mr Coles identified the runners and showed how Mr Misbah moved out when barely a length clear, and how his mount came into contact with “Roualyn”. 

Because Mr Harris had asked a question about Mr Laking urging “Roualyn” forward, he was given the opportunity to identify his belief that “Roualyn” had been urged forward.  He did this with the assistance of the rear on camera view.

The hearing was adjourned until the conclusion of Race 11 because of Mr Misbah’s riding engagements. 

When the hearing resumed, Licensed Jockey R Hannam replaced Mr Harris.

Mr Hannam was given the opportunity of viewing the films of the incident, and recognised the defence that Mr Misbah was placing before the hearing. 

Mr Hannam made a number of submissions about the extent to which Mr Laking was inconvenienced, and that Mr Laking was bumped only for a stride, and that he did not believe there was any danger to Mr Laking, as a result of the incident.

Mr Davidson then summed up, and said that Mr Laking was entitled to the racing line that he was on, and that he was forced off that line by Mr Misbah’s actions.  He conceded that Mr Laking's mount was not going all that well, but also commented that he was entitled to “ride on” and that if he had not done so, then the Stewards would be wanting to know why.  He placed emphasis on the fact that Mr Misbah was not his own length and another length clear.

In summary, Mr Hannam said that Mr Misbah’s mount had only bumped him with the shoulder, but did agree, in answer to a question from the Chair, that Mr Misbah was not his own length and another length clear at the time that he commenced his outward movement.

We retired to consider the evidence.

After giving consideration to the totality of the evidence, this Committee found that Mr Misbah did ride carelessly.  Mr Misbah was not his own length and another length clear when conducting an outward movement, and that as a consequence, his mount came into contact with “Roualyn”, and took “Roualyn” off the racing line that it was entitled to.  The fact that “Roualyn” was “not going all that well” was not considered by us to be relevant to the charge of careless riding.   

The charge was found proved accordingly.

PENALTY SUBMISSIONS

Submissions were called for on penalty.  Mr Davidson said that Mr Misbah had a good record, and was last suspended in October 2008.  He said that he is a busy South Island rider, and that he considered that the degree of carelessness was in the mid to low range.  He said that Mr Misbah should be given credit for his good record. 

Mr Misbah also asked us to give him credit for his good record.  He confirmed to the hearing that he only rides in the South Island. 

PENALTY DECISION

The Stipendiary Stewards called for a suspension of between three and four days.  In setting the penalty, we have given Mr Misbah credit for his good record and the fact that the degree of carelessness was at the lower end of the scale.

Accordingly, Mr Misbah is suspended for a period of three racing days commencing at the conclusion of racing on Saturday 3 October 2009, and ending at the conclusion of racing on 18 October 2009.  This will encompass meetings at Gore, Otago and Ashburton.

KG Hales          J M Phelan
CHAIR               Committee Member
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Rules: 871.1.d

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