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Ashburton RC 13 September 2013 – R 7 (heard 21 September 2013 at Riccarton)

ID: JCA22773

Hearing Type:
Old Hearing

Rules:
638(1)(d)

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Ashburton RC - 13 September 2013

Meet Chair:
KHales

Meet Committee Member 1:
PWilliams

Race Date:
2013/09/13

Race Number:
R7

Decision:

RACEDAY JUDICIAL COMMITTEE DECISION
Informant: 
J McLaughlin - Stipendiary Steward
Defendant: TR Moseley - Licensed Jockey
Information No: A1913
Meeting: Ashburton Racing Club
Date: 13 September 2013 (heard 21 September 2013 at Riccarton)
Race: 7
Venue: Ashburton Raceway
Rule No: 638(1)(d)
Judicial Committee: KG Hales, Chairman – RG McKenzie, Committee Member
Plea: Admitted

 

Charge:

It was alleged that T Moseley, the rider of “Jimato" permitted his mount to shift in near the 1900 metres and in so doing dictated "Nolawood" inwards which in turn caused "Flying Legend" to be steadied and "Puddle Alley" and "Braemar" to be checked.

 

Evidence:
After the running of Race 7, the "Hotel Ashburton Rating 65", Licensed Jockey TR Moseley was charged with a breach of Rule 638(1)(d), namely careless riding.

 

Mr Moseley was riding "Jimato" which had the outside barrier draw. Shortly after the start, Mr Moseley commenced an inwards movement and as a consequence, dictated the line of "Nolawood" (L Callaway). As a result of this, horses on the inside of Mr Moseley's mount were inconvenienced. "Flying Legend" had to be steadied, and "Puddle Alley" and "Braemar" were checked. "Mispatch" was also inconvenienced.
 

By way of explanation, Mr Moseley said that he thought at the time that he had cleared "Nolawood". He said that he was looking across, but did not appreciate that others were affected by his inwards movement. He said that when he heard Mr Callaway call out that he took immediate steps to correct his racing line. However, Mr Moseley admitted that he had dictated the line of "Nolawood" as he came across the track.

 

Decision:
As Mr Moseley has admitted the charge it is therefore deemed to be proved.

 

Submission for Penalty:
Mr McLaughlin told the hearing that Mr Moseley was last charged with careless riding approximately 18 months ago which he said was a good record for a busy rider. The Stipendiary Stewards considered that the degree of carelessness was "low to mid-range" and that a suspension of 3 days was warranted.

 

In response, Mr Moseley said that on the day he was not feeling very well. He said that his inwards movement was a "lazy cross" and that there was nothing vindictive in his actions. Mr Moseley considered that a 2 day suspension was appropriate. He did not apply for a deferment of the coming into effect of the penalty.

 

Reasons for Penalty:
We have given careful consideration to the question of penalty. The starting point for careless riding in the Penalty Guide for Judicial Committees is a suspension of 5 race riding days. Against that we must take into account, aggravating and mitigating factors.

 

The aggravating factor is our finding that the degree of carelessness was not quite as low as the Stipendiary Stewards' assessment. A number of horses were inconvenienced by Mr Moseley's inwards movement with at least 2 horses, namely "Puddle Alley" and "Braemar" being checked. "Mispatch" was also inconvenienced to a lesser extent. Our assessment is that the degree of carelessness was mid-range at the least. That factor means an uplift of 1 day, making the starting point a suspension of 6 days.

 

Against that, we take into account as mitigating factors, Mr Moseley's early admission of the breach, his excellent record as a busy and senior South Island rider, and the fact that when he realised that he was causing or had caused interference, he took immediate steps to correct his running line. Those mitigating factors combined allow us to afford a discount of 3 days on our starting point.

 

Penalty:
Mr Moseley is suspended for 3 race riding days accordingly. Mr Moseley has not applied for a deferment and thus the suspension comes into effect as from the conclusion of racing today, 21st September 2013, and will end at the conclusion of racing on Monday 30th September 2013. That period of suspension encompasses meetings at Timaru (23rd), Dunedin (28th) and Winton (30th September).

 

KG Hales          RG McKenzie

Chairman         Committee Member

 

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: fb54fd547c74f0a6bd6edab7728f4438


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hearing_racingtype: thoroughbred-racing


startdate: 13/09/2013


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decisiondate: no date provided


hearing_title: Ashburton RC 13 September 2013 - R 7 (heard 21 September 2013 at Riccarton)


charge:


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appealdecision:


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submissionsfordecision:


reasonsfordecision:


Decision:

RACEDAY JUDICIAL COMMITTEE DECISION
Informant: 
J McLaughlin - Stipendiary Steward
Defendant: TR Moseley - Licensed Jockey
Information No: A1913
Meeting: Ashburton Racing Club
Date: 13 September 2013 (heard 21 September 2013 at Riccarton)
Race: 7
Venue: Ashburton Raceway
Rule No: 638(1)(d)
Judicial Committee: KG Hales, Chairman – RG McKenzie, Committee Member
Plea: Admitted

 

Charge:

It was alleged that T Moseley, the rider of “Jimato" permitted his mount to shift in near the 1900 metres and in so doing dictated "Nolawood" inwards which in turn caused "Flying Legend" to be steadied and "Puddle Alley" and "Braemar" to be checked.

 

Evidence:
After the running of Race 7, the "Hotel Ashburton Rating 65", Licensed Jockey TR Moseley was charged with a breach of Rule 638(1)(d), namely careless riding.

 

Mr Moseley was riding "Jimato" which had the outside barrier draw. Shortly after the start, Mr Moseley commenced an inwards movement and as a consequence, dictated the line of "Nolawood" (L Callaway). As a result of this, horses on the inside of Mr Moseley's mount were inconvenienced. "Flying Legend" had to be steadied, and "Puddle Alley" and "Braemar" were checked. "Mispatch" was also inconvenienced.
 

By way of explanation, Mr Moseley said that he thought at the time that he had cleared "Nolawood". He said that he was looking across, but did not appreciate that others were affected by his inwards movement. He said that when he heard Mr Callaway call out that he took immediate steps to correct his racing line. However, Mr Moseley admitted that he had dictated the line of "Nolawood" as he came across the track.

 

Decision:
As Mr Moseley has admitted the charge it is therefore deemed to be proved.

 

Submission for Penalty:
Mr McLaughlin told the hearing that Mr Moseley was last charged with careless riding approximately 18 months ago which he said was a good record for a busy rider. The Stipendiary Stewards considered that the degree of carelessness was "low to mid-range" and that a suspension of 3 days was warranted.

 

In response, Mr Moseley said that on the day he was not feeling very well. He said that his inwards movement was a "lazy cross" and that there was nothing vindictive in his actions. Mr Moseley considered that a 2 day suspension was appropriate. He did not apply for a deferment of the coming into effect of the penalty.

 

Reasons for Penalty:
We have given careful consideration to the question of penalty. The starting point for careless riding in the Penalty Guide for Judicial Committees is a suspension of 5 race riding days. Against that we must take into account, aggravating and mitigating factors.

 

The aggravating factor is our finding that the degree of carelessness was not quite as low as the Stipendiary Stewards' assessment. A number of horses were inconvenienced by Mr Moseley's inwards movement with at least 2 horses, namely "Puddle Alley" and "Braemar" being checked. "Mispatch" was also inconvenienced to a lesser extent. Our assessment is that the degree of carelessness was mid-range at the least. That factor means an uplift of 1 day, making the starting point a suspension of 6 days.

 

Against that, we take into account as mitigating factors, Mr Moseley's early admission of the breach, his excellent record as a busy and senior South Island rider, and the fact that when he realised that he was causing or had caused interference, he took immediate steps to correct his running line. Those mitigating factors combined allow us to afford a discount of 3 days on our starting point.

 

Penalty:
Mr Moseley is suspended for 3 race riding days accordingly. Mr Moseley has not applied for a deferment and thus the suspension comes into effect as from the conclusion of racing today, 21st September 2013, and will end at the conclusion of racing on Monday 30th September 2013. That period of suspension encompasses meetings at Timaru (23rd), Dunedin (28th) and Winton (30th September).

 

KG Hales          RG McKenzie

Chairman         Committee Member

 


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