Racing Tauranga – 9 May 2009 – Race 10

hearingid: 884d8d55a0313c76e39d9f902bb8f552

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hearing_racingtype: thoroughbred-racing

startdate: 09/05/2009

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hearing_title: Racing Tauranga - 9 May 2009 - Race 10

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Following Race 10 an Information was filed pursuant to Rule 871 (1) (d).  The Informant Mr Oatham alleged that Mr Yusof, rider of SOLADARITY, permitted his mount to shift outwards inside the final 100 metres when not sufficiently clear of FISTRAL BAY (C Grylls) who was badly hampered.

Following Race 10 an Information was filed pursuant to Rule 871 (1) (d).  The Informant Mr Oatham alleged that Mr Yusof, rider of SOLADARITY, permitted his mount to shift outwards inside the final 100 metres when not sufficiently clear of FISTRAL BAY (C Grylls) who was badly hampered.

Mt Yusof did not admit the breach and was represented by his employer Mr P Moroney.

Mr Coles demonstrated the video films which clearly showed SOLIDARITY ridden by Mr Yusof, move out abruptly approximately 100 metres from the finish.  Mr Coles pointed out to the Committee the horse FISTRAL BAY (C Grylls) which was finishing quickly and coming up on the outside of SOLIDARITY.  Mr Coles said this first outward movement was of no concern to the Stewards as Mr Yusof did stop using the whip and straighten his mount.  However shortly after this Mr Yusof again started using his whip striking his mount 3 times which caused him again to move into the line of FISTRAL BAY without being the required distance clear.  This last movement was in the final 50 metres.

Mr Grylls, rider of FISTRAL BAY, was called to give evidence and said that in the final 20 metres he was making ground on SOLIDARITY and when approximately 1 ½ lengths behind he had his line taken which caused him to be hampered.  He said he called out to Mr Yusof who did correct his mount but then he came out a second time which again caused him to be hampered.  At this stage he was 1 ¼ lengths behind SOLIDARITY.

Mr Yusof said in his statement that he stopped riding on his first outward movement and corrected his mount.  He said he then continued to use his whip as he was in a winning position.  He said that on this second occasion his mount initially kept straight but admitted it did run out shortly after.

Mr P Moroney said it was evident that SOLIDARITY did shift out quite dramatically early in the run down the straight.  He believed the horse over-reacted when being out on his own and appeared to get lost and so moved towards the outside rail for a guide.  He said Mr Grylls did not call out on the second occasion and so Mr Yusof had no idea that he was taking the line of FISTRAL BAY when moving out.  He said it was only with the last 2 strikes with the whip that he moved out.

Mr Oatham in summing up said that the first outward movement was irrelevant but this should have given Mr Yusof a warning that his mount wanted to run out.  Mr Yusof showed, when correcting his mount on the first outward occasion, that his mount could be straightened.  However he chose to continue using the whip again striking his mount 5 times and dictating the line of Mr Grylls when barely 1 length clear of that runner.

DECISION

The Committee carefully considered all evidence and reviewed the video films.  We are clearly satisfied that My Yusof allowed his mount SOLIDARITY to move out and into the line of FISTRAL BAY when not the required distance clear.  Accordingly we find the charge proven,.

PENALTY SUBMISSIONS

Mr Oatham said this was Mr Yusof’s 4th charge in 12 months.  He said on this occasion FISTRAL BAY was badly affected and believed a 4 – 6 day suspension was appropriate.

Mr Moroney pointed out to the Committee that Mr Grylls said he had only been briefly hampered and did not agree with Mr Oatham that FISTRAL BAY had been badly affected.  He said the horse ducked out sharply, got lost and that Mr Yusof had no knowledge that Mr Grylls was there.

Mr Yusof said he had commitments up until 16 May 2009.

PENALTY

The Committee considered all submissions and before imposing a fair penalty gave particular thought to the following:

• Mr Yusof’s record
• Level of carelessness
• The level of interference received by Mr Grylls

The Committee pointed out to Mr Yusof that he certainly cannot rely on other riders to call out and let him know where they are.  In this case Mr Yusof had a warning the horse was wanting to run out and he ignored this by continuing to ride with the whip rather than just keeping his mount straight.

 Accordingly we impose a suspension on Mr Yusof from riding in races to start after racing on 16 May 09 and conclude after racing on 23 May 09 (5 days)

Richard Seabrook

Chairman

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hearing_type: Old Hearing

Rules: 871.1.d

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