Waipa RC – 3 November 2007 – Race 1

hearingid: 5691426927f3eb0cab3a1afebfad1127

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 03/11/2007

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Waipa RC - 3 November 2007 - Race 1

charge:

facts:

appealdecision:

isappeal:

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Decision:

Following race one an information was laid against jockey Mr P Ferris alleging a breach of Rule 871(1)(d). The information reads "That P Ferris rider of TOP ECHELON permitted his mount to shift inwards near the 150 metres when not sufficiently clear

Following race one an information was laid against jockey Mr P Ferris alleging a breach of Rule 871(1)(d). The information reads "That P Ferris rider of TOP ECHELON permitted his mount to shift inwards near the 150 metres when not sufficiently clear of POW WOW JANE ridden by M Wenn who was checked."

Mr Ferris denied the charge.

Mr Ferris is an Australian jockey. He was explained the procedure and acknowledged he understood the procedure.

The informant Mr Oatham, Stipendiary Steward, called the witnesses:

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1. Mr M Williamson (Stipendiary Steward) demonstrated the alleged incident on the race videos (head-on). He said that at about the 150 metre mark jockey Mr P Ferris, rider of TOP ECHELON, moved inwards when not sufficiently clear of POW WOW JANE ridden by jockey Ms M Wenn. In summary he said at no stage did jockey Ferris stop riding and attempt to straighten his mount. He said he was between half a length and three-quarters of a length clear of Ms Wenn’s mount.
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2. Jockey Michelle Wenn gave evidence. In summary she said from about the 600 metre mark jockey P Ferris’ mount lugged in on her mount. At about the 150 metre mark she was three horse widths wide. She observed Mr Ferris’ mount move in sharply when about three-quarters of a length clear of her mount. She suffered interference. Her evidence confirmed Mr M Williamson’s visual observations.
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3. Mr Ferris gave evidence. In summary he said that his horse ducked in sharply at the 150 metres and this happened quickly and was not expected. He explained at the time he was transferring his whip to the other hand. He said this was not "pilot" (jockey) error, it was horse error. He asserted that his riding was not careless.
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After carefully considering the evidence of all witnesses and viewing and reviewing the race film we prefer the evidence of the informant.

We find that jockey P Ferris allowed his mount to move inwards at about the 150 metre mark when not clear of POW WOW JANE ridden by M Wenn. At no stage did he correct his mount and continued to ride with the whip. We also note the accepted evidence that his mount was lugging in at about the 600 metre mark. This should have put jockey P Ferris on notice. We find that you were not the required distance clear before you crossed POW WOW JANE.

We find that the charge of careless riding at approximately 150 metres has been proved to the required standard. Charge proved pursuant to Rule 871(1)(d).

We have carefully reviewed the films and heard submissions on penalty from Mr Oatham and Mr Ferris. In determining penalty we have taken into account the following:

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1. Good riding record. Two prior suspensions in Australia over the last 12 months/560 rides. No suspension/warnings in New Zealand. Mr Ferris acknowledged his riding record.
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2. Mr Ferris’ explanation – the horse was a difficult ride lugging in and the abrupt movement of his mount.
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3. Degree of carelessness.
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4. As a result of his careless riding another horse, namely POW WOW JANE, suffered significant interference.
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5. Future riding engagements.
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We accept Mr Oatham’s broad submission that a suspension be imposed in this case. Accordingly your jockey’s licence is suspended from the conclusion of racing on 7 November 2007 up to and including 13 November 2007 (3 days).

W Dollimore                                                                             B Tims

CHAIRMAN

sumissionsforpenalty:

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penalty:

hearing_type: Old Hearing

Rules: 871.1.d

Informant:

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Respondent:

StipendSteward:

raceid: 670fd747ac1567383e7bc4807c88f3a7

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 1

submittochair:

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race_pm2:

meetid: 2c73b8db46d7fe0d1eda738008da399f

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 03/11/2007

meet_title: Waipa RC - 3 November 2007

meet_expappcomment:

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tracklocation: waipa-rc

meet_racingtype: thoroughbred-racing

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meet_pm2:

name: Waipa RC