Auckland RC – 31 January 2010 –

hearingid: 84d90e95793bbea1710179eb7e4e7e16

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hearing_racingtype: thoroughbred-racing

startdate: 31/01/2010

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hearing_title: Auckland RC - 31 January 2010 -

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RACEDAY JUDICIAL COMMITTEE DECISION

MEETING:   Auckland Racing Club

VENUE:   Ellerslie   DATE:  31.01.10

JUDICIAL COMMITTEE: Chairman – R Seabrook,  Panel – A Dooley, G Tankard

INFORMATION NO: 341    RACE NO:  6

RULE/S:   638(1)(d)

PLEA:   Admitted

APPEARING:  Informant – Mr J Oatham
                         Defendant – Mr J Waddell

DECISION & REASON:
Following race six an information was filed pursuant to Rule 638(1)(d).  The informant, Mr Oatham, alleged that Mr Waddell permitted his mount CHOCOLATER to shift inwards near the 300 metres when not sufficiently clear of BALLYBIT (M Cameron) who was forced onto the heels of MIKO (C Grylls). 

RACEDAY JUDICIAL COMMITTEE DECISION

MEETING:   Auckland Racing Club

VENUE:   Ellerslie   DATE:  31.01.10

JUDICIAL COMMITTEE: Chairman – R Seabrook,  Panel – A Dooley, G Tankard

INFORMATION NO: 341    RACE NO:  6

RULE/S:   638(1)(d)

PLEA:   Admitted

APPEARING:  Informant – Mr J Oatham
                         Defendant – Mr J Waddell

DECISION & REASON:
Following race six an information was filed pursuant to Rule 638(1)(d).  The informant, Mr Oatham, alleged that Mr Waddell permitted his mount CHOCOLATER to shift inwards near the 300 metres when not sufficiently clear of BALLYBIT (M Cameron) who was forced onto the heels of MIKO (C Grylls). 

Mr Waddell pleaded guilty to the charge. 

Mr Williamson demonstrated the video films which showed CHOCOLATER racing in a three wide position approaching the 300 metres.  At this stage BALLYBIT was in a two wide position with MIKO on the fence.  It was evident on the film that Mr Waddell then moved in and takes the line of BALLYBIT who was forced onto MIKO’S heels.  Mr Williamson said Mr Waddell moved in approximately one horse width and was certainly not the required distance clear of BALLYBIT when doing so.

Mr Waddell said he believed this was a case of two riders going for the same gap, and he said he got there before BALLYBIT.  He said MIKO had also moved out slightly from the fence which meant it was not all his fault.

PENALTY SUBMISSIONS:
Mr Oatham produced Mr Waddell’s record which showed there were no suspensions in the last 12 months.  However, he said Mr Waddell did move in when not clear, but submitted his carelessness was at the lower end.

Mr Waddell told the Committee he did not have any commitments after 1.2.10.

PENALTY:
The Committee considered all evidence and submissions before imposing an appropriate penalty.  Mitigating factors are Mr Waddell’s guilty plea and his excellent record.  The aggravating factor is the inward movement by Mr Waddell when insufficiently clear.  However, we agree that this carelessness was at the low end and accordingly we suspended Mr Waddell from riding in races which is to start after racing on 1.2.10 and conclude after racing on 7.2.10 (four days).

R M Seabrook
CHAIR
341

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hearing_type: Old Hearing

Rules: 638.1.d

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