Archive Decision

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Southland RC – 29 August 2008 – Race 1

ID: JCA21560

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Southland RC - 29 August 2008

Race Date:
2008/08/29

Race Number:
Race 1

Decision: Jockey Mr S Moir admitted a breach of rule 871 (1) (d) in race 1 in that being the rider of NICHOLMAN he allowed his mount to shift inwards when not sufficiently clear of STICKY FINGERS (ridden by A Browne) causing that runner to check near the 2400 mark.

Jockey Mr S Moir admitted a breach of rule 871 (1) (d) in race 1 in that being the rider of NICHOLMAN he allowed his mount to shift inwards when not sufficiently clear of STICKY FINGERS (ridden by A Browne) causing that runner to check near the 2400 mark. 

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We thus find the charge proved.

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Stipendiary Steward Mr S Ching had Stipendiary Steward Mr Davidson demonstrate the incident on the video.  He stated that Mr Moir had looked twice but had still allowed his mount to move to the fence when not his length and another clear and, in so doing, had checked Mr Browne not once, but twice.  He said it was a clear misjudgement by Mr Moir.

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Mr Moir agreed he had looked and had seen Mr Browne but his horse had slowed up in the wet ground and he had not made his inwards movement quickly enough.  He accepted Mr Browne had had to check twice.

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We find Mr Moir’s explanation to be convincing.  The video shows quite clearly that he does look and, while Mr Browne was making ground on the inner of VINOPOLIS, he was there to be seen by Mr Moir.  The video shows NICHOLMAN slowing up as Mr Moir is looking to move towards the rail.  When Mr Moir eventually comes across he moves into the line of Mr Browne who has to check his horse twice.

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Mr Moir has admitted the breach and has an excellent record with no previous breaches of the rule.  Mr Ching has said the breach is mid-range and has asked for a suspension of between 4 to 6 days.  We accept it was a misjudgement by Mr Moir, but its consequences could have been serious.  Mr Browne was placed in an awkward situation and had to take evasive action.  We view the incident as towards the top end of mid-range and take a starting point of 6 days.  We reduce this to 4 days having regard to the two mitigating factors we have identified.  Mr Moir is suspended from riding at the conclusion of today’s meeting up to and including the 17th of September 2008.

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G Hall

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: d1451d6f5e8e6cefd9b3fb56320b65a0


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 29/08/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Southland RC - 29 August 2008 - Race 1


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Jockey Mr S Moir admitted a breach of rule 871 (1) (d) in race 1 in that being the rider of NICHOLMAN he allowed his mount to shift inwards when not sufficiently clear of STICKY FINGERS (ridden by A Browne) causing that runner to check near the 2400 mark.

Jockey Mr S Moir admitted a breach of rule 871 (1) (d) in race 1 in that being the rider of NICHOLMAN he allowed his mount to shift inwards when not sufficiently clear of STICKY FINGERS (ridden by A Browne) causing that runner to check near the 2400 mark. 

--

We thus find the charge proved.

--

Stipendiary Steward Mr S Ching had Stipendiary Steward Mr Davidson demonstrate the incident on the video.  He stated that Mr Moir had looked twice but had still allowed his mount to move to the fence when not his length and another clear and, in so doing, had checked Mr Browne not once, but twice.  He said it was a clear misjudgement by Mr Moir.

--

Mr Moir agreed he had looked and had seen Mr Browne but his horse had slowed up in the wet ground and he had not made his inwards movement quickly enough.  He accepted Mr Browne had had to check twice.

--

We find Mr Moir’s explanation to be convincing.  The video shows quite clearly that he does look and, while Mr Browne was making ground on the inner of VINOPOLIS, he was there to be seen by Mr Moir.  The video shows NICHOLMAN slowing up as Mr Moir is looking to move towards the rail.  When Mr Moir eventually comes across he moves into the line of Mr Browne who has to check his horse twice.

--

Mr Moir has admitted the breach and has an excellent record with no previous breaches of the rule.  Mr Ching has said the breach is mid-range and has asked for a suspension of between 4 to 6 days.  We accept it was a misjudgement by Mr Moir, but its consequences could have been serious.  Mr Browne was placed in an awkward situation and had to take evasive action.  We view the incident as towards the top end of mid-range and take a starting point of 6 days.  We reduce this to 4 days having regard to the two mitigating factors we have identified.  Mr Moir is suspended from riding at the conclusion of today’s meeting up to and including the 17th of September 2008.

--

 

--

G Hall

Chairman

sumissionsforpenalty:


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hearing_type: Old Hearing


Rules: 871.1.d


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meetdate: 29/08/2008


meet_title: Southland RC - 29 August 2008


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name: Southland RC