Ashburton RC – 6 July 2008 – Race 2
ID: JCA21506
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Ashburton RC - 6 July 2008
Race Date:
2008/07/06
Race Number:
Race 2
Decision: Information 7063 alleging a breach of Rule 866(1)(c) of the Rules of Racing in that Mr Moseley, Licensed Jockey, failed to ride his mount out fully to the finish when it had a chance of finishing in fifth place.
After the running of Race 2 at the Ashburton Racing Club’s meeting on Sunday 6th July 2008, Mr TR Moseley, Licensed Jockey, was charged with a breach of Rule 866(1)(c).
----
It was alleged that Mr Moseley, as the rider of SPEEDWAY, failed to ride his mount out fully to the finish when it had a chance of finishing in fifth place. The margin between fifth and sixth was half a head. Mr Moseley denied the charge.
--Because of the quite significant penalties that can be imposed for a proven breach of Rule 866(1)(c), Mr Moseley was offered the opportunity of having the charge adjourned to a non-raceday so that he could prepare a defence and instruct counsel, if necessary.
--After giving due consideration to the offer, Mr Moseley elected to have the matter heard today.
--Mr Ching provided evidence of his allegations from the side-on and head-on camera views. The main thrust of his evidence was that Mr Moseley was holding fifth position, racing in the clear, and relaxed his ride over the last two to three strides of the race during which time RHYTHM MASTER finishing strongly on the outside, got up to beat Mr Moseley for fifth position. He described how Mr Moseley stood up in the stirrups within the last two to three strides of the race.
--By way of defence, Mr Moseley described how he had had a difficult ride on SPEEDWAY. He described how the horse was racing for the first time in the hood, and was hard placed to hold his position from about the 600 metre mark. He demonstrated from the video coverage how he had to begin whipping the horse from that point, and each time the horse did not seem to improve. He believed that at the 200 metre mark, the horse, in his words, was “dead in the water”. It was not going to go any faster; in fact he believed it was slowing down, despite the vigorous ride up until that stage.
--Mr Moseley admitted that he did stand up, but he believed that it was after RHYTHM MASTER headed SPEEDWAY.
--In reply, Mr Ching stated that the Stewards placed significant emphasis on the words in Rule 866(1)(c) of failing to give the horse a reasonable chance of finishing in fifth place.
--In our opinion, having looked at the video coverage several times at race speed, and in slow motion, from the side-on and front-on camera views, the fact is that the evidence from the videos is of little assistance. Thus, we have had to place greater emphasis on the oral evidence in reaching our conclusion.
--The fact that a horse is proving to be difficult does not relieve a jockey of his duty under this rule, to ride his mount out to the finish if there is a reasonable chance of finishing in a stake bearing position. Mr Moseley clearly demonstrated all necessary skills, particularly from the 600 metre mark onwards. Mr Ching, on the other hand, believed that what Mr Moseley did by standing up within the shadow of the finishing post, meant that Mr Moseley had breached the rule because he says the horse relaxed and was therefore beaten to fifth. Mr Moseley says that he was headed by RHYTHM MASTER at the time he relaxed his ride.
--DECISION:
--Having considered all of the evidence carefully, the end result is that we are left in doubt.
--Mr Moseley is entitled to the benefit of the doubt. The charge is dismissed.
----
KG Hales
--Chairman
JCA Decision Fields (raw)
Dmitry: This section contains all JCA fields migrated from the raw data.
Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: c744dd901f98a62ac76e2fa2c33e86ef
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 06/07/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Ashburton RC - 6 July 2008 - Race 2
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Information 7063 alleging a breach of Rule 866(1)(c) of the Rules of Racing in that Mr Moseley, Licensed Jockey, failed to ride his mount out fully to the finish when it had a chance of finishing in fifth place.After the running of Race 2 at the Ashburton Racing Club’s meeting on Sunday 6th July 2008, Mr TR Moseley, Licensed Jockey, was charged with a breach of Rule 866(1)(c).
----
It was alleged that Mr Moseley, as the rider of SPEEDWAY, failed to ride his mount out fully to the finish when it had a chance of finishing in fifth place. The margin between fifth and sixth was half a head. Mr Moseley denied the charge.
--Because of the quite significant penalties that can be imposed for a proven breach of Rule 866(1)(c), Mr Moseley was offered the opportunity of having the charge adjourned to a non-raceday so that he could prepare a defence and instruct counsel, if necessary.
--After giving due consideration to the offer, Mr Moseley elected to have the matter heard today.
--Mr Ching provided evidence of his allegations from the side-on and head-on camera views. The main thrust of his evidence was that Mr Moseley was holding fifth position, racing in the clear, and relaxed his ride over the last two to three strides of the race during which time RHYTHM MASTER finishing strongly on the outside, got up to beat Mr Moseley for fifth position. He described how Mr Moseley stood up in the stirrups within the last two to three strides of the race.
--By way of defence, Mr Moseley described how he had had a difficult ride on SPEEDWAY. He described how the horse was racing for the first time in the hood, and was hard placed to hold his position from about the 600 metre mark. He demonstrated from the video coverage how he had to begin whipping the horse from that point, and each time the horse did not seem to improve. He believed that at the 200 metre mark, the horse, in his words, was “dead in the water”. It was not going to go any faster; in fact he believed it was slowing down, despite the vigorous ride up until that stage.
--Mr Moseley admitted that he did stand up, but he believed that it was after RHYTHM MASTER headed SPEEDWAY.
--In reply, Mr Ching stated that the Stewards placed significant emphasis on the words in Rule 866(1)(c) of failing to give the horse a reasonable chance of finishing in fifth place.
--In our opinion, having looked at the video coverage several times at race speed, and in slow motion, from the side-on and front-on camera views, the fact is that the evidence from the videos is of little assistance. Thus, we have had to place greater emphasis on the oral evidence in reaching our conclusion.
--The fact that a horse is proving to be difficult does not relieve a jockey of his duty under this rule, to ride his mount out to the finish if there is a reasonable chance of finishing in a stake bearing position. Mr Moseley clearly demonstrated all necessary skills, particularly from the 600 metre mark onwards. Mr Ching, on the other hand, believed that what Mr Moseley did by standing up within the shadow of the finishing post, meant that Mr Moseley had breached the rule because he says the horse relaxed and was therefore beaten to fifth. Mr Moseley says that he was headed by RHYTHM MASTER at the time he relaxed his ride.
--DECISION:
--Having considered all of the evidence carefully, the end result is that we are left in doubt.
--Mr Moseley is entitled to the benefit of the doubt. The charge is dismissed.
----
KG Hales
--Chairman
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 866.1.c
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: c80da2891599fe9aad0d41320b4f8b6e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 2570df730faad70458e356dbacbd86d4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/07/2008
meet_title: Ashburton RC - 6 July 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Ashburton RC