Ashburton RC – 17 October 2010 – R 8

hearingid: 5efad134640c53b2a6b831d766744545

informantnumber:

horsename:

hearing_racingtype: thoroughbred-racing

startdate: 17/10/2010

newcharge:

plea:

penaltyrequired:

decisiondate: no date provided

hearing_title: Ashburton RC - 17 October 2010 - R 8

charge:

facts:

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

RACE DAY JUDICIAL COMMITTEE DECISION

Informant:  M Davidson, - Stipendiary Steward

Defendant:  TR Moseley - Licensed Jockey

Information No:  244

Meeting:  Ashburton Racing Club

Date:  17 October 2010

Race: 8

Venue:  Ashburton Raceway

Rule No:  638(1)(d)

Judicial Committee:  KG Hales, Chairman - JM Phelan, Committee Member

Plea:  Admitted

Also Present: J McLaughlin, Stipendiary Steward

It was alleged by the Stipendiary Stewards as follows:

“T Moseley, rider of “Tipulater” permitted his mount to shift inwards when not clear causing “Turf Fire” (K Williams) to check.  This happened passing the 1,000 metre mark.”

Rule 638(1)(d)reads as follows:

“A rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d)        careless.

FACTS

Mr J McLaughlin, Stipendiary Steward, demonstrated the incident with the assistance of a head on view camera.  The video coverage showed Mr Moseley moving over, when racing approximately three wide, at least one horse width across the path of “Turf Fire” ridden by Ms K Williams.

Mr Moseley was barely one length clear at the time that he moved ground.  His actions put pressure on Ms Williams who had to check her mount. 

Mr Davidson told the hearing that the horse, “Turf Fire”, perhaps made the incident look worse than it really was.  Mr Davidson said that the trainer of “Turf Fire” told him that “Turf Fire” does not travel well when racing in tight quarters. 

In response, Mr Moseley said that he believed that he was clear at the time that he moved across the path of Ms Williams, and also said that his own horse started to over race.  He pointed to the Committee the way in which his horse’s head “went in the air”.

Mr Moseley said that he believed that his carelessness was at the lower end of the scale. 

PENALTY SUBMISSIONS

Mr Davidson told the hearing that Mr Moseley is a busy South Island rider who has an excellent record.  He said that Mr Moseley had only been suspended once in the last 12 months for careless riding, and in the year before that, Mr Davidson did not think that he had been charged at all for any racing offence. 

He agreed that Mr Moseley’s degree of carelessness was in the mid to low range.  He said that Mr Moseley is a busy South Island rider and should also be given credit for his early guilty plea.   He submitted that a suspension of two to three South Island days should be imposed.

Mr Moseley told the hearing that he does not normally ride in the North Island.  He also submitted that in his view, his degree of carelessness was in the low range.

PENALTY DECISION

On Race Day we delivered the following penalty decision:

“Mr Davidson, in his penalty submissions, told us that Mr Moseley has had only one other careless riding charge in the last twelve months, and that prior to that, in the year before, he did not think that Mr Moseley had been charged at all.  He said that for a busy South Island rider that Mr Moseley had an impeccable record.  He also said that the degree of carelessness was medium to low range.  Of importance, he also said that the trainer of “Turf Fire” told him that “Turf Fire” races ungenerously when in tight quarters, and that it was fresh and that may have made the incident look worse than it was.  He submitted that a suspension of two to three South Island days should be imposed.

Mr Moseley also submitted that his degree of carelessness was medium to low, and that a two day suspension would be sufficient.  He said that he could ride in the North Island, but did not have any commitments.

We have had regard to all matters.  The starting point for careless riding for a charge of this nature, and having regard to the degree of carelessness, is a three day suspension.  However, against that, we note the following mitigating factors:

·        Mr Moseley’s excellent record.

·        His early admission of the charge.

·        The degree of carelessness - medium to low.

There are no aggravating factors.

Thus, we impose a suspension of two South Island days. 

Mr Moseley applied to have the penalty deferred for seven days, which application is granted.  Accordingly, Mr Moseley is suspended for two South Island race days commencing at the conclusion of racing on Sunday 24 October and ending at the conclusion of racing on Tuesday 2 November 2010.  This encompasses meetings at Timaru (31^st October) and at Wingatui (2^nd November). 

As a foot note, we note that for the purposes of this hearing, we find that

Mr Moseley is a South Island rider only.”

sumissionsforpenalty:

reasonsforpenalty:

penalty:

hearing_type: Old Hearing

Rules: 638(1)d)

Informant:

JockeysandTrainer:

Otherperson:

PersonPresent:

Respondent:

StipendSteward:

raceid: 58e5a9c91cd91ec678f46eba9d46f25c

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R 8

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: f9be5e6b67e7380d77543072ff256238

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 17/10/2010

meet_title: Ashburton RC - 17 October 2010

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: ashburton-rc

meet_racingtype: thoroughbred-racing

meet_chair: tom

meet_pm1: tom

meet_pm2: tom

name: Ashburton RC