Hawkes Bay RI – 30 July 2009 – Race 7

hearingid: 851b48cd1cb609edc54928f569a9ea5b

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hearing_racingtype: thoroughbred-racing

startdate: 30/07/2009

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decisiondate: no date provided

hearing_title: Hawkes Bay RI - 30 July 2009 - Race 7

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Decision:

Near the 1600m C. Ormsby permitted his mount “Ill Tell Ya Watt’ to shift in taking ‘Late Start’
(K. Myers) inwards tightening the running of ‘Lattitude South’ (R. Myers) and ‘Yorkie’ (N. Harris) which both had to be checked.

Near the 1600m C. Ormsby permitted his mount “Ill Tell Ya Watt’ to shift in taking ‘Late Start’
(K. Myers) inwards tightening the running of ‘Lattitude South’ (R. Myers) and ‘Yorkie’ (N. Harris) which both had to be checked.

Mr Ormsby confirmed he understood the rule and that he denied the charge .  Both Stipendiary Steward Goodwin and Mr Ormsby indicated they wished to call as witnesses Jockeys R. Myers and  K. Myers.

Mr. R. Sanders, Chief Stipendiary Steward, indicated by way of the video the alleged incident.  He informed the committee that at the point of the incident Jockey Ormsby was 3 deep and his movement inwards caused tightening to K. Myers mount which in turn put pressure on R. Myers mount causing tightening to N. Harris mount down on the fence.

He believed the interference was a staggered effect on the 3 horses on Mr. Ormsby’s inside caused by his movement inward when not  sufficiently clear.  He informed the committee that Miss R. Myers mount ‘Lattitude South’ was racing greenly but its greenness did not contribute to the incident.  He felt Mr. Ormsby’s horse moved inwards at least one horse width.  The hearing was adjourned for the running of the next race.

On the resumption of the hearing and using the available films, Mr. Ormsby informed the committee he was 3 ½ widths off the inside horse and racing loosely, he drifted inwards slightly, on hearing Miss K. Myers call he relieved and believed with Miss K. Myers mount being already one width in, the interference at that point came from Miss R. Myers mount ‘Lattitude South’ which was racing greenly and over racing.  He did reiterate that his horse did float in but maybe for only 1 or 2 strides but did take action on hearing the call from his inside.

Mr. R. Sanders asked if Miss K. Myers was travelling at least one length clear of Miss R. Myers to which Mr. Ormsby answered yes.  He was asked also if his intention was to slip in behind Miss Collett’s mount ‘Taste’ who was leading.  He replied no that was not his intention.

Miss K. Myers, rider of ‘Late Start’, was called by Stipendiary Steward Goodwin as a witness.  She told the committee she did receive a little interference when C. Ormsby’s mount rolled in, there was possibly a little contact and that she did call.  She felt he had come across at least ¾ of a length.

Mr. Ormsby asked Miss K. Myers how far in from her was he and did he relieve the pressure when she called.  Miss K. Myers agreed he did ease his mount when she called and felt he was only about ¾ of a length in front on her outside.

Miss R. Myers, rider of ‘Lattitude South’ was then called by Stipendiary Steward Goodwin as a witness.  He acknowledged Miss Myers mount was racing greenly but was adamant she was entitled to be where she was at that point of the race.  Miss R. Myers told the committee yes her horse was over racing, she did pull back and felt the inward movement of horses on her outside caused interference to the horse down on the fence.  Mr. Ormsby asked if her mount was climbing and was she in trouble to which she answered yes.

In summing up, Mr. Goodwin confirmed again that he believed Miss R. Myers mount was not a contributing factor to the incident because at the point of interference to Miss K. Myers mount she was racing in the clear.  Mr. Ormsby believed had Miss R. Myers turned her mount outwards we wouldn’t be here and did not believe his actions were careless.

Decision and Reason:

The committee carefully considered all the evidence placed before it.  The films clearly showed that Mr. Ormsby’s mount did move inwards causing tightening to the horse immediately on his inside.

While he denied endeavouring to slot in behind the leader of the race at that point his actions could only mean that was his intention.  Miss K. Myers clearly called when his mount moved inward and while it was acknowledged he did take action to relieve the situation, slight contact was made at that point.

Mr. Ormsby made great play on his belief that Miss R. Myers mount was, in his words, climbing and over racing, and while this was confirmed by Miss R. Myers, the committee believed that any interference suffered to the other horses could not be attributed to her actions, after all, it was confirmed by Mr. Ormsby she was at least one length clear of Miss K. Myers mount at the point Mr. Ormsby eased off.

We are clearly of the opinion that the staggered interference to three horses was caused by the inward movement of Mr. Ormsby’s mount. 

The charge was found proven.

Penalty:

Mr. Goodwin informed the committee that Mr. Ormsby’s record under this rule showed he was last suspended at the Cup Carnival in Auckland where he was suspended for one month and fined $2,500.  He has an unblemished record since then, rides throughout NZ both on the flat and over jumps.  He felt there were some mitigating circumstances to the incident, he did correct when hearing the call and believed it was not at the top end of the scale.  He felt it was in the medium range but asked for a period of suspension to be imposed.

Mr. Ormsby concurred with Mr. Goodwin on his record under this rule.  He did have 3 confirmed rides on the first day of the Winter Carnival but stressed the importance of him riding in the Grand National Steeplechase the following Saturday.  It was to him the highlight of the year.  He still did not believe his actions were careless, it was at the lower end of the scale and asked for a fine.

Decision and Penalty:

In coming to our decision to impose a penalty of suspension, we have carefully considered the submissions from both Mr. Goodwin and yourself.  We concur that there were some slight mitigating circumstances alluded to in our decision which could be attributed to having played a part in the incident.  We have also noted your record since March which considering you ride throughout NZ on the flat and over jumps is very highly commendable.

However, we can not escape the fact that your movement inward contributed to tightening and interference to not one other rider but three, and could not agree with your submission that the incident could be best handled by way of a fine.

We have also considered your request to be available to ride in the Grand National Steeplechase and were impressed by your passionate plea for this to happen.

Considering all of the submissions placed before us, this committee suspends you from race riding after the completion of racing on Saturday the 1st of August 2009 until the completion of racing on Friday the 7th of August 2009 (4 riding days).

T. W. Castles     I. Smith
CHAIR                Committee Member

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race_title: Race 7

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meetdate: 30/07/2009

meet_title: Hawkes Bay RI - 30 July 2009

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name: Hawkes Bay RI