Gore RC – 22 January 2009 – Race 1

hearingid: 6c12a23f9ac1dc6a2ee24cfc7239be37

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 22/01/2009

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Gore RC - 22 January 2009 - Race 1

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

Mr Ching, stipendiary steward, alleged that Mr Zulkifli was in breach of Rule 871(1)(d) in that in race 1 he allowed his mount ESTEE LORDIA to shift ground inwards when not clear causing AMAZING SIGHT (A Mundy) to check near the 1100 metres.

Mr Ching, stipendiary steward, alleged that Mr Zulkifli was in breach of Rule 871(1)(d) in that in race 1 he allowed his mount ESTEE LORDIA to shift ground inwards when not clear causing AMAZING SIGHT (A Mundy) to check near the 1100 metres.

Mr Davidson demonstrated on the videos that Mr Zulkifli, in moving towards the fence, had moved from 3 wide to 2 wide some 100 metres after the start. Mr Ching alleged Mr Zulkifli was not his length and another clear of Ms Mundy, who had to check out as a consequence. He said Ms Mundy had anticipated Mr Zulkifli’s continuing across and had taken quick action.

Ms Mundy gave evidence that she saw Mr Zulkifli coming across and yelled twice for him to give her room. He kept coming and she had to check out. She also said Mr Zulkifli was not his length and another clear. She demonstrated on the video that her horse’s head was on Mr Zulkifli’s horse’s hindquarters when she checked. Mr Ching agreed, saying Ms Mundy’s posture confirmed this.

Mr Kennedy, representing Mr Zulkifli, agreed that Mr Zukifli had come from a 3 side to a 2 wide position. He said in his view Mr Zulkifli was clear of Ms Mundy and there was no sudden movement from Mr Zulkifli’s horse and that both Ms Mundy and her mount had over-reacted.

The videos demonstrate Mr Zulkifli coming from a 3 wide to a 2 wide position and Ms Mundy checking her mount. Ms Mundy’s evidence is compelling. She indicates she called twice to Mr Zulkifli, who kept coming, and she had to take hold of her mount. There is no doubt Ms Mundy was entitled to be where she was on the track at the time she had to check. There is no sudden movement from Mr Zulkifli but this is not determinative of the charge, We do not accept Mr Kennedy’s submission that Mr Zulkifli was his length and another clear. We are satisfied, having regard to the video evidence and Ms Mundy’s evidence, that Mr Zulkifli was not clear of Ms Mundy when continuing his inwards movement into her running line. In so doing, Mr Zulkifli is guilty of careless riding.

Penalty

Mr Zulkifli has been found to be in breach of R 871(1)(d) careless riding. Mr Ching has described the incident as mid to high range and has emphasised that Ms Mundy’s safety was compromised. He asked for a suspension of 4 to 6 days.

Mr Kennedy has asked for consistency and described the incident as very minor.

We view the incident as mid-range, just, but it is clear that had Ms Mundy not checked out, matters could have been more serious. She gave evidence that she yelled at Mr Zulkifli but he kept coming. He has not told us whether he heard her or not.

We give credit for his record of 1 breach of this Rule in 65 rides this season. He has rides for Mr Todd at Riccarton on Wednesday 28 January and Mr Kennedy has emphasised the experience of riding good horses at Riccarton can only be of benefit to him. Mr Kennedy asked for deferment of the penalty until after this time. Mr Ching has not disagreed.

Mr Zulkifli is suspended from riding at the conclusion of racing on 28 January up to and including February 8. This is 3 South Island racedays, and includes the Premier Meeting at Wingatui.

G Hall            Chairman

G Acklin         Member

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 871.1.d

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: cc6231042e992d6b16d884559d54bb68

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: Race 1

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: 804c61880d6195d4d246e6125772a6a6

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 22/01/2009

meet_title: Gore RC - 22 January 2009

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: gore-rc

meet_racingtype: thoroughbred-racing

meet_chair:

meet_pm1:

meet_pm2:

name: Gore RC