Avondale JC – 5 December 2007 – Race 9

hearingid: b54ce4743dbbd82d317bccb67e453aa2

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hearing_racingtype: thoroughbred-racing

startdate: 05/12/2007

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decisiondate: no date provided

hearing_title: Avondale JC - 5 December 2007 - Race 9

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Decision:

Following Race 9 an information was filed pursuant to Rule 871(1)(d), when it was alleged by the Informant, Mr C George, that Mr D Walsh, rider of GAZE, permitted his mount to shift inwards near the 1800 metres when not sufficiently clear

Following Race 9 an information was filed pursuant to Rule 871(1)(d), when it was alleged by the Informant, Mr C George, that Mr D Walsh, rider of GAZE, permitted his mount to shift inwards near the 1800 metres when not sufficiently clear of OMBRE ROSE, who was crowded in onto OVERKAAST, who was forced into the line of MARNO, who was checked which further resulted in a check to PRIZED TOUCH.

Mr Walsh did not admit the breach.

Mr J Oatham represented the Informant, Mr C George, who had to catch a flight to Wellington.

Stipendiary Steward Mr N Goodwin, demonstrated the video films and showed the tightening received by MARNO on the rails. He stated this was caused by GAZE coming across from approximately 7 horses wide and briefly making contact with OMBRE ROSE on his inside, which caused that runner to move in onto OVERKAAST which in turn crowded MARNO. It was apparent Mr Lammas, rider of MARNO, was in trouble for several strides before pulling back.

Mrs L Satherley, rider of OVERKAAST, was then called to give evidence. She said that at the 1800 metre mark she was travelling one off the fence with Mr Lammas about a quarter to half a length behind her and on her inside. She said she received pressure from her outside and said she had to keep kicking up, as it was either her mount or that of Mr Lammas who was going to be in trouble.

Mr Walsh then called Mr M Coleman, rider of PRIZED TOUCH, who said he believed Mr Walsh only moved in about half a horses width. He said Mr Lammas had come from behind Mrs Satherley and put himself in a tight spot.

Mr Walsh in his statement said he had wandered across gradually from his outside draw to be four horses wide and had only moved in very marginally. He said he was totally unaware there were three horses on his inside, believing there were only two. He said there was no intent on his behalf and he just happened to be the muggins on the outside. He also believed Mrs Satherley moved out slightly, and she was the one who should be charged. He said Mr Lammas was always going to get crowded out, as in his opinion, it was a silly ride on Mr Lammas' behalf. He concluded by saying he had done nothing wrong.

Mr Oatham said that at the time of the incident, just past the post on the first round, Mr Lammas was well established and racing free of interference. He said the interference was caused by GAZE making contact with OMBRE ROSE, with the resultant interference to OVERKAAST and MARNO. He said Mr Walsh made some effort to correct his mount but it was too late. He said Mr Walsh needs to be mindful of his obligations.

Decision:

The committee carefully considered all submissions and reviewed the video films. We clearly prefer the evidence of Mr Goodwin and Mrs Satherley.

We are satisfied that Mr Walsh did move in and crowd OMBRE ROSE on his inside when not the required distance of that runner. This caused further tightening to the inside runners, the most severely affected being MARNO on the rail. In our opinion there was room for Mr Lammas on the inside of Mrs Satherley, and he was entitled to be there.

Accordingly, we found the charge proven and asked for submissions on penalty from both parties.

Mr Oatham produced Mr Walsh's record which was a very good one, showing only two charges in the last 12 months, however, he said this was a Group One race with a $200,000 stake and two horses received quite a sharp check. He believed a suspension was necessary and suggested 5-8 days with a monetary fine of $750-$1250 in addition.

Mr Walsh pointed out to the committee his excellent record and said his movement was only minimal. He was aware of tougher penalties in Group One races but also asked the committee to consider the wet track.

Penalty:

The committee considered the penalty submissions as well as the following -

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1. Status of the race being a Group One and the implications of Rule 1122.
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2. Mr Walsh's good riding record.
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3. The degree of carelessness by Mr Walsh, which in our opinion was at the lower end.
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4. The consequences of Mr Walsh's inward movement.

To achieve a fair penalty we must balance all of the above factors. Accordingly, we impose a suspension to start after racing on the 8^th December 2007 and conclude after racing on the 16^th December 2007 (5 days), in addition we impose a fine of $750.

RM Seabrook, Chairman

A Dooley

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hearing_type: Old Hearing

Rules: 871.1.d

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raceid: 0f809a73aef54bc3423dd179e49aa1be

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race_title: Race 9

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meetid: 849c10520e01a4b7619b1955eb129f4d

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meetdate: 05/12/2007

meet_title: Avondale JC - 5 December 2007

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tracklocation: avondale-jc

meet_racingtype: thoroughbred-racing

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name: Avondale JC