Banks Peninsula RC 1 November 2015 – R4 – Chair, KG Hales
ID: JCA12642
Code:
Thoroughbred
Meet Title:
Banks Peninsula RC - 1 November 2015
Meet Chair:
KHales
Meet Committee Member 1:
DAnderson
Race Date:
2015/11/01
Race Number:
R4
Decision:
The breach of Rule 638(1)(d) is found proved.
Penalty:
Mr Moseley's jockey's licence is suspended for two riding days commencing at the close of racing on Tuesday 10th November. This will encompass meetings at Riccarton Park (11th November) and Dargaville (13th November).
Facts:
With approximately 150 metres to run in the NZB Insurance Pearl Series race, Mr TR Moseley, Licensed Jockey allowed his mount "UNICO" to shift outwards when not his own length and another clear of "POP HIT" (B Murray). "POP HIT" received a check in the process. As a consequence, Mr Moseley was charged with careless riding. The information alleges:
"Mr Moseley allowed his mount "UNICO" to shift out checking "POP HIT" (B Murray) passing the 150 metres"
Submissions for Decision:
Mr Moseley gave evidence on his own behalf. He claimed that Mr Bishop was a significant player in the interference incident. He further said that his horse ("UNICO") "ducked out", and in the process, what Mr Bishop started, he (Mr Moseley) "finished off". Mr Moseley pursued his point that his horse "ducked out" but then went on to say that he may have a stride or two slow in correcting his horse's running line.
In response, Mr McLaughlin said that it was the Stipendiary Stewards' view that Mr Moseley was never clear of Mr Murray, and pointed to the mowing strips on the track to demonstrate his point. Mr McLaughlin further submitted that "TWILIGHT METEOR" had no significant influence on the incident.
Reasons for Decision:
The evidence, in summary was quite straightforward. With approximately 150 metres to run for the winning post, "UNICO" shifted across the running line of "POP HIT" when "UNICO" was not its own length and another length clear of "POP HIT" and causing a check to "POP HIT" in the process. That is a fundamental element of a charge of careless riding.
Mr Moseley described the actions of his mount as "ducking out". He also said that "TWILIGHT METEOR" was a contributing factor to the check received by Mr Murray. Mr Moseley said "He started it - I finished it". The question for us to consider is whether the incident was horse fault, by "ducking out" or rider fault, by not maintaining a running line clear of "POP HIT".
We find as a fact, that Mr Moseley was not his own length and another length clear when he shifted across the line of "POP HIT".
However, because Mr Moseley has pleaded horse fault, we must consider if that is sufficient for us to dismiss the charge.
We do not accept that "UNICO" "ducked out". It started to move out, when it was, to be fair to Mr Moseley, "under a ride". Be that as it may, it is significant that Mr Moseley has said to the hearing, that "Perhaps I was a stride or two, too late, in straightening my mount". We cannot read that statement as being anything else other than an admission of fault.
For the avoidance of doubt, we find that whilst "TWILIGHT METEOR" was racing erratically, it did not have any significant impact on the check received by "POP HIT".
Submissions for Penalty:
Mr McLaughlin advised hearing that Mr Moseley was a senior rider, who rode extensively throughout the South Island - in racing parlance - he is a "busy rider" He has had one suspension only in the last 12 months, which was a 3 day suspension incurred at Kumara on 10th January 2015. Mr McLaughlin submitted that in all of the circumstances, that a 2 day suspension should be imposed. In essence, Mr McLaughlin placed emphasis on Mr Moseley's good record.
Mr Moseley asked that his record of riding in the Northern Region be taken into account, and said that he had rides arranged for Lisa & Kenny Rae at the forthcoming meeting at Dargaville on 13th November. It was explained to Mr Moseley that as a result of the appeal decision in Parkes v RIU, that it would be necessary for him to demonstrate that he rode "habitually" in that region. Fortunately for Mr Moseley, Mr Kenny Rae was on course. He was called to the hearing. The Chair questioned him closely about the Dargaville meeting. Mr Rae told the hearing that he had at least 6 rides organised for Mr Moseley, and that discussions concerning rides at Dargaville had been discussed before he (Mr Rae) knew about the breach that Mr Moseley was to face later in the day. Mr Mark Davidson also advised the hearing that he had been the Chair of Stipendiary Stewards at a recent meeting at Ruakaka, where Mr Moseley had ridden for the Rae Partnership, and in fact rode at least one winner.
Mr Moseley applied for a deferment of the period of suspension.
Reasons for Penalty:
The Judicial Control Authority's Penalty guide provides that the starting point for the imposition of penalty for careless riding is a suspension of 3 riding days. Against that we must take into account aggravating and mitigating features.
In this case there are no particular aggravating features which would warrant an uplift on the starting point. Certainly, interference occurred to "POP HIT", but on Mr Murray's admission, his horse was tiring. Mr Moseley finished 6th, which was a non-stake earning position, so no advantage was gained by him, and no particular disadvantage was suffered by "POP HIT".
Mr Moseley's good record does however, speak volumes for him, and thus were are prepared to allow him a discount on our starting point of one day.
We turn to consider when the period of suspension will operate. Mr Moseley has convinced us that he has forthcoming riding engagements at Dargaville on 13th November. We have not overlooked the principles enunciated in the Parkes appeal. It is this Committee's view, that even though Mr Moseley cannot be said to ride "habitually" in the Northern Region, that we can distinguish his situation because he has produced through Mr Rae, convincing evidence (not opposed by the Stipendiary Stewards) of having firm riding engagements on the 13th November were it not for the suspension we are about to impose.
Mr Moseley's application to defer is granted. As declarations for riders at Wingatui on 3rd October have closed at the time of our decision, the period of deferment will commence at the conclusion of racing on Tuesday 3rd November 2015, expiring on Tuesday 10th November. Mr Moseley's suspension will then commence.
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: 430641c7fc70cf4e6b57d65de2a98df9
informantnumber: A6356
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding
plea: denied
penaltyrequired: 1
decisiondate: 02/11/2015
hearing_title: Banks Peninsula RC 1 November 2015 - R4 - Chair, KG Hales
charge:
facts:
With approximately 150 metres to run in the NZB Insurance Pearl Series race, Mr TR Moseley, Licensed Jockey allowed his mount "UNICO" to shift outwards when not his own length and another clear of "POP HIT" (B Murray). "POP HIT" received a check in the process. As a consequence, Mr Moseley was charged with careless riding. The information alleges:
"Mr Moseley allowed his mount "UNICO" to shift out checking "POP HIT" (B Murray) passing the 150 metres"
appealdecision:
isappeal:
submissionsfordecision:
Mr Moseley gave evidence on his own behalf. He claimed that Mr Bishop was a significant player in the interference incident. He further said that his horse ("UNICO") "ducked out", and in the process, what Mr Bishop started, he (Mr Moseley) "finished off". Mr Moseley pursued his point that his horse "ducked out" but then went on to say that he may have a stride or two slow in correcting his horse's running line.
In response, Mr McLaughlin said that it was the Stipendiary Stewards' view that Mr Moseley was never clear of Mr Murray, and pointed to the mowing strips on the track to demonstrate his point. Mr McLaughlin further submitted that "TWILIGHT METEOR" had no significant influence on the incident.
reasonsfordecision:
The evidence, in summary was quite straightforward. With approximately 150 metres to run for the winning post, "UNICO" shifted across the running line of "POP HIT" when "UNICO" was not its own length and another length clear of "POP HIT" and causing a check to "POP HIT" in the process. That is a fundamental element of a charge of careless riding.
Mr Moseley described the actions of his mount as "ducking out". He also said that "TWILIGHT METEOR" was a contributing factor to the check received by Mr Murray. Mr Moseley said "He started it - I finished it". The question for us to consider is whether the incident was horse fault, by "ducking out" or rider fault, by not maintaining a running line clear of "POP HIT".
We find as a fact, that Mr Moseley was not his own length and another length clear when he shifted across the line of "POP HIT".
However, because Mr Moseley has pleaded horse fault, we must consider if that is sufficient for us to dismiss the charge.
We do not accept that "UNICO" "ducked out". It started to move out, when it was, to be fair to Mr Moseley, "under a ride". Be that as it may, it is significant that Mr Moseley has said to the hearing, that "Perhaps I was a stride or two, too late, in straightening my mount". We cannot read that statement as being anything else other than an admission of fault.
For the avoidance of doubt, we find that whilst "TWILIGHT METEOR" was racing erratically, it did not have any significant impact on the check received by "POP HIT".
Decision:
The breach of Rule 638(1)(d) is found proved.
sumissionsforpenalty:
Mr McLaughlin advised hearing that Mr Moseley was a senior rider, who rode extensively throughout the South Island - in racing parlance - he is a "busy rider" He has had one suspension only in the last 12 months, which was a 3 day suspension incurred at Kumara on 10th January 2015. Mr McLaughlin submitted that in all of the circumstances, that a 2 day suspension should be imposed. In essence, Mr McLaughlin placed emphasis on Mr Moseley's good record.
Mr Moseley asked that his record of riding in the Northern Region be taken into account, and said that he had rides arranged for Lisa & Kenny Rae at the forthcoming meeting at Dargaville on 13th November. It was explained to Mr Moseley that as a result of the appeal decision in Parkes v RIU, that it would be necessary for him to demonstrate that he rode "habitually" in that region. Fortunately for Mr Moseley, Mr Kenny Rae was on course. He was called to the hearing. The Chair questioned him closely about the Dargaville meeting. Mr Rae told the hearing that he had at least 6 rides organised for Mr Moseley, and that discussions concerning rides at Dargaville had been discussed before he (Mr Rae) knew about the breach that Mr Moseley was to face later in the day. Mr Mark Davidson also advised the hearing that he had been the Chair of Stipendiary Stewards at a recent meeting at Ruakaka, where Mr Moseley had ridden for the Rae Partnership, and in fact rode at least one winner.
Mr Moseley applied for a deferment of the period of suspension.
reasonsforpenalty:
The Judicial Control Authority's Penalty guide provides that the starting point for the imposition of penalty for careless riding is a suspension of 3 riding days. Against that we must take into account aggravating and mitigating features.
In this case there are no particular aggravating features which would warrant an uplift on the starting point. Certainly, interference occurred to "POP HIT", but on Mr Murray's admission, his horse was tiring. Mr Moseley finished 6th, which was a non-stake earning position, so no advantage was gained by him, and no particular disadvantage was suffered by "POP HIT".
Mr Moseley's good record does however, speak volumes for him, and thus were are prepared to allow him a discount on our starting point of one day.
We turn to consider when the period of suspension will operate. Mr Moseley has convinced us that he has forthcoming riding engagements at Dargaville on 13th November. We have not overlooked the principles enunciated in the Parkes appeal. It is this Committee's view, that even though Mr Moseley cannot be said to ride "habitually" in the Northern Region, that we can distinguish his situation because he has produced through Mr Rae, convincing evidence (not opposed by the Stipendiary Stewards) of having firm riding engagements on the 13th November were it not for the suspension we are about to impose.
Mr Moseley's application to defer is granted. As declarations for riders at Wingatui on 3rd October have closed at the time of our decision, the period of deferment will commence at the conclusion of racing on Tuesday 3rd November 2015, expiring on Tuesday 10th November. Mr Moseley's suspension will then commence.
penalty:
Mr Moseley's jockey's licence is suspended for two riding days commencing at the close of racing on Tuesday 10th November. This will encompass meetings at Riccarton Park (11th November) and Dargaville (13th November).
hearing_type: Hearing
Rules: Rule 638 (1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:, (d) careless
Informant: J McLaughlin - Stipendiary Steward
JockeysandTrainer: TR Moseley - Licensed Jockey
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 939d9d82047f15965c8381abdd7a2837
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d796531ca4d34bc6fda3a8bcfe23117e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 01/11/2015
meet_title: Banks Peninsula RC - 1 November 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-rc
meet_racingtype: thoroughbred-racing
meet_chair: KHales
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula RC