Auckland RC – 25 January 2009 –

hearingid: d2457c5d3453a15afd28a285b6ea5628

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hearing_racingtype: thoroughbred-racing

startdate: 25/01/2009

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hearing_title: Auckland RC - 25 January 2009 -

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Following Race 1 an Information was filed by the Informant, John Oatham, pursuant to Rule 871(1) (d).  He alleged that Mr J McDonald permitted his mount Knightsbridge to shift inwards near the 1700 metres when not sufficiently clear of Yeah Barbie (S. Spratt) who was checked. 

Mr McDonald pleaded not guilty and was represented by his employer Mr B McDonald.

Mr Coles demonstrated the video films and showed at the 1700 metre mark Mr J McDonald riding Knightsbridge who was racing 2 off the fence allow his mount to shift in and take the line of Yeah Barbie (S Spratt) when only a bare length clear.  He said this caused Ms Spratt to stand up in the saddle and take a strong hold.

Ms Spratt, rider of Yeah Barbie was called to give evidence and said she had to take a hold of her mount due to Mr McDonald moving in when only ¾ to a length clear.

Mr B McDonald then called Mr M Walker who was racing behind Ms Spratt.  He stated he thought Ms Spratt was easing back even before Mr McDonald moved in.

Mr B McDonald then made his statement and said the films were not clear as to how much James McDonald was clear when he moved in.  He believed it was marginal.

Mr Oatham said in summing up that it was clear on the films that Mr McDonald was not the required distance clear when crossing to the rail in front of Ms Spratt.

DECISION

The Committee carefully considered all submissions and evidence and are clearly of the opinion that Mr McDonald was not the required distance clear of Yeah Barbie when he moved in from a position 2 off the rail and then on to the rail.

Accordingly we find Mr McDonald guilty as charged.

PENALTY SUBMISSIONS

Mr. Oatham said Mr McDonald had 4 charges in the last 12 months but it was over 8 months since his last breach.  He believed this was at the lower end and submitted 4 days was appropriate.

Mr B McDonald asked for the suspension to start immediately.

PENALTY

The Committee considered all submissions and before imposing a fair penalty took into account the following:

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• Mr McDonald’s record
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• Level of carelessness which we believe is at the lower end

Accordingly we impose a suspension to start after racing today, 25 January 2009 and finish after racing on 30 January 2009 (4 days)

Richard Seabrook

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hearing_type: Old Hearing

Rules: 871.1.d

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