Auckland RC – 1 June 2009 – Race 7
ID: JCA20622
Code:
Thoroughbred
Hearing Type (Code):
thoroughbred-racing
Meet Title:
Auckland RC - 1 June 2009
Race Date:
2009/06/01
Race Number:
Race 7
Decision:
Following race 7 an information was filed pursuant to Rule 871(1)(d). The informant, Mr R Sanders, alleged that Mr M Yusof, rider of ELUSIVE LADY, allowed his mount to shift out near the 400 metres when not clear of ASHBY ANGUS (E Dalley) who clipped a heel and stumbled dislodging its rider.
--
Following race 7 an information was filed pursuant to Rule 871(1)(d). The informant, Mr R Sanders, alleged that Mr M Yusof, rider of ELUSIVE LADY, allowed his mount to shift out near the 400 metres when not clear of ASHBY ANGUS (E Dalley) who clipped a heel and stumbled dislodging its rider.
--Mr Yusof admitted the breach.
--Mr Yusof was represented by Mr Denny Moroney.
--Mr Sanders, Chief Stipendiary Steward, demonstrated the films which showed Mr Yusof, the rider of ELUSIVE LADY, moving outwards and then moving back inwards which resulted in ASHBY ANGUS clipping ELUSIVE LADY’S heels which resulted in Mr Dalley being dislodged.
--Mr Sanders said Mr Yusof was not the required distance clear when moving out. He also showed on the film ELUSIVE LADY’S head being turned outwards and inwards leaving no doubt that Mr Yusof had steered the horse in those directions.
--Mr Yusof agreed that there was movement by his horse, but disputed that it was all his fault stating that ELUSIVE LADY initially moved out on her own accord.
--PENALTY SUBMISSIONS:
Mr Sanders said Mr Yusof’s record was very poor resulting in four charges in the last six months for careless riding, and as a consequence of that record he recommended a four week suspension.
Mr Yusof said he had commitments at Rotorua on 3 June 2009 and asked for any suspension to start after that date.
PENALTY:
The Committee carefully considered all submissions and evidence before imposing a fair penalty.
It was quite clear to the Committee that this was another case of Mr Yusof riding without due regard to his fellow riders. Clearly he was not the required distance clear when changing ground.
In addressing penalty the Committee is aware that a recent charge incurred by Mr Yusof at Ruakaka on 27 May 2009 resulted in a two week suspension. However, as that charge is under appeal this Committee does not take that penalty into consideration. However, in this particular case the provisions of Rule 1122(2)(c) are important to consider, namely any consequential effects on any person or horse as a result of the breach of the rule. The Committee told Mr Yusof of their concern regarding his record, this being his fourth charge in the last six months. The only mitigation in Mr Yusof’s favour is his guilty plea. This along with his record, and level of carelessness has been taken into account.
--Accordingly we impose a suspension on Mr Yusof from riding in races to start after racing on 3 June 2009, and conclude after racing on 1 July 2009 (four weeks).
----
--
R M Seabrook B Tims
Chair Committee Member
200
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: 6ebb575aa145e3051b3bb7ae9f4d79c6
informantnumber:
horsename:
hearing_racingtype: thoroughbred-racing
startdate: 01/06/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Auckland RC - 1 June 2009 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following race 7 an information was filed pursuant to Rule 871(1)(d). The informant, Mr R Sanders, alleged that Mr M Yusof, rider of ELUSIVE LADY, allowed his mount to shift out near the 400 metres when not clear of ASHBY ANGUS (E Dalley) who clipped a heel and stumbled dislodging its rider.
--
Following race 7 an information was filed pursuant to Rule 871(1)(d). The informant, Mr R Sanders, alleged that Mr M Yusof, rider of ELUSIVE LADY, allowed his mount to shift out near the 400 metres when not clear of ASHBY ANGUS (E Dalley) who clipped a heel and stumbled dislodging its rider.
--Mr Yusof admitted the breach.
--Mr Yusof was represented by Mr Denny Moroney.
--Mr Sanders, Chief Stipendiary Steward, demonstrated the films which showed Mr Yusof, the rider of ELUSIVE LADY, moving outwards and then moving back inwards which resulted in ASHBY ANGUS clipping ELUSIVE LADY’S heels which resulted in Mr Dalley being dislodged.
--Mr Sanders said Mr Yusof was not the required distance clear when moving out. He also showed on the film ELUSIVE LADY’S head being turned outwards and inwards leaving no doubt that Mr Yusof had steered the horse in those directions.
--Mr Yusof agreed that there was movement by his horse, but disputed that it was all his fault stating that ELUSIVE LADY initially moved out on her own accord.
--PENALTY SUBMISSIONS:
Mr Sanders said Mr Yusof’s record was very poor resulting in four charges in the last six months for careless riding, and as a consequence of that record he recommended a four week suspension.
Mr Yusof said he had commitments at Rotorua on 3 June 2009 and asked for any suspension to start after that date.
PENALTY:
The Committee carefully considered all submissions and evidence before imposing a fair penalty.
It was quite clear to the Committee that this was another case of Mr Yusof riding without due regard to his fellow riders. Clearly he was not the required distance clear when changing ground.
In addressing penalty the Committee is aware that a recent charge incurred by Mr Yusof at Ruakaka on 27 May 2009 resulted in a two week suspension. However, as that charge is under appeal this Committee does not take that penalty into consideration. However, in this particular case the provisions of Rule 1122(2)(c) are important to consider, namely any consequential effects on any person or horse as a result of the breach of the rule. The Committee told Mr Yusof of their concern regarding his record, this being his fourth charge in the last six months. The only mitigation in Mr Yusof’s favour is his guilty plea. This along with his record, and level of carelessness has been taken into account.
--Accordingly we impose a suspension on Mr Yusof from riding in races to start after racing on 3 June 2009, and conclude after racing on 1 July 2009 (four weeks).
----
--
R M Seabrook B Tims
Chair Committee Member
200
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 871.1.d, 1122.2.c
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 76f371fd9787613ac319bf4c3c65d104
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d0b4090b42954941f6cc7dbd97ba296e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/06/2009
meet_title: Auckland RC - 1 June 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: auckland-rc
meet_racingtype: thoroughbred-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Auckland RC