Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Canterbury JC – 19 April 2008 – Race 6

ID: JCA19990

Hearing Type:
Old Hearing

Rules:
871.1.d, 871.l.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Canterbury JC - 19 April 2008

Race Date:
2008/04/19

Race Number:
Race 6

Decision:

Information 6221 alleging a breach of Rule 871(1)(d) of the Rules of Racing in that Mr D Walsh had allowed his mount

--

OUTBACK FOX to shift outward near the 200 metres causing DREW to check and lose ground.



Information 6221 alleging a breach of Rule 871(l)(d) of the Rules of Racing in that
Mr Walsh had allowed his mount "Outback Fox" to shift outwards near the 200
metres causing "Drew" to check and lose ground.

--

THE FACTS

--

Following the running of Race 6 of the Canterbury Jockey Club Meeting on 19th April
2008, Stipendiary Steward Mr A Coles, laid an information pursuant to Rule
871(l)(d) against Licensed Jockey Mr D Walsh.

--

It was alleged that Mr Walsh had allowed his mount OUTBACK FOX to shift outwards
near the 200m causing DREW to check and lose ground.

--

Mr Walsh was racing in proximity to Mr Waddell towards the outside of the field and
behind a number of runners. Near the 250m mark Mr Walsh, whose mount seemed to
be full of running, made an outward movement to take a gap in the line of DREW'S
running causing Mr Waddell to check his mount, and seemingly to lose ground.
However, Mr Waddell, when giving evidence, told the hearing that his horse was at
the end of his run. He said it was battling, but nevertheless he had to check his mount
for some three to four strides. He went on to say that the actions of his horse seemed
to exaggerate the incident. He confirmed, in cross examination from Mr Walsh, that
he did not think there was any horse contact.

--

The evidence did suggest that Mr Waddell was inconvenienced to quite a degree. Mr
Walsh did come out quite quickly. Mr Waddell was most certainly taken off the line
that he was entitled to maintain, and the evidence also showed quite clearly, that Mr
Waddell had to stand up in his stirrups and to check his horse. On that basis, the
charge has been quite properly brought by Mr Coles.

--

However, we were urged by Mr Walsh, and to a certain extent he was supported by
Mr Waddell, to take into account that Mr Waddell's mount overreacted and seemed to
shy outwards when approached by the faster moving OUTBACK FOX   . Mr Walsh also
submitted that it was a marginal call as to whether he was his own length and another
length clear when he made his outward movement, particularly as there was no horse
contact.

--

DECISION

--

Generally speaking, if a rider has to check his mount, that, in itself, seems to suggest that a horse and rider
has been compromised.

--

However, we have looked at all films of the incident thoroughly.   Our view did seem to make it quite clear
that there was a reasonable space between OUTBACK FOX and KNOTS when OUTBACK FOX made its
outside movement and that film also seems to demonstrate quite clearly that OUTBACK FOX had shied
away in the manner that was described, both by Mr Walsh and Mr Waddell.

--

The question that we must therefore consider is whether or not Mr Walsh's standard of riding fell
below that of the reasonable and prudent jockey.   We cannot overlook the actions of DREW.
Having regard to the fact that Mr Walsh's submissions were, to a certain extent, confirmed by Mr
Waddell, we agree that perhaps DREW'S reaction may have made the incident look worse than it
actually was.

--

For those reasons, and because of the doubt that we have been left in, the charge is dismissed.

--

KG Hales
Chairman

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: 5bb3d04aef72f29ddedfd41428ba31c4


informantnumber:


horsename:


hearing_racingtype: thoroughbred-racing


startdate: 19/04/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Canterbury JC - 19 April 2008 - Race 6


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Information 6221 alleging a breach of Rule 871(1)(d) of the Rules of Racing in that Mr D Walsh had allowed his mount

--

OUTBACK FOX to shift outward near the 200 metres causing DREW to check and lose ground.



Information 6221 alleging a breach of Rule 871(l)(d) of the Rules of Racing in that
Mr Walsh had allowed his mount "Outback Fox" to shift outwards near the 200
metres causing "Drew" to check and lose ground.

--

THE FACTS

--

Following the running of Race 6 of the Canterbury Jockey Club Meeting on 19th April
2008, Stipendiary Steward Mr A Coles, laid an information pursuant to Rule
871(l)(d) against Licensed Jockey Mr D Walsh.

--

It was alleged that Mr Walsh had allowed his mount OUTBACK FOX to shift outwards
near the 200m causing DREW to check and lose ground.

--

Mr Walsh was racing in proximity to Mr Waddell towards the outside of the field and
behind a number of runners. Near the 250m mark Mr Walsh, whose mount seemed to
be full of running, made an outward movement to take a gap in the line of DREW'S
running causing Mr Waddell to check his mount, and seemingly to lose ground.
However, Mr Waddell, when giving evidence, told the hearing that his horse was at
the end of his run. He said it was battling, but nevertheless he had to check his mount
for some three to four strides. He went on to say that the actions of his horse seemed
to exaggerate the incident. He confirmed, in cross examination from Mr Walsh, that
he did not think there was any horse contact.

--

The evidence did suggest that Mr Waddell was inconvenienced to quite a degree. Mr
Walsh did come out quite quickly. Mr Waddell was most certainly taken off the line
that he was entitled to maintain, and the evidence also showed quite clearly, that Mr
Waddell had to stand up in his stirrups and to check his horse. On that basis, the
charge has been quite properly brought by Mr Coles.

--

However, we were urged by Mr Walsh, and to a certain extent he was supported by
Mr Waddell, to take into account that Mr Waddell's mount overreacted and seemed to
shy outwards when approached by the faster moving OUTBACK FOX   . Mr Walsh also
submitted that it was a marginal call as to whether he was his own length and another
length clear when he made his outward movement, particularly as there was no horse
contact.

--

DECISION

--

Generally speaking, if a rider has to check his mount, that, in itself, seems to suggest that a horse and rider
has been compromised.

--

However, we have looked at all films of the incident thoroughly.   Our view did seem to make it quite clear
that there was a reasonable space between OUTBACK FOX and KNOTS when OUTBACK FOX made its
outside movement and that film also seems to demonstrate quite clearly that OUTBACK FOX had shied
away in the manner that was described, both by Mr Walsh and Mr Waddell.

--

The question that we must therefore consider is whether or not Mr Walsh's standard of riding fell
below that of the reasonable and prudent jockey.   We cannot overlook the actions of DREW.
Having regard to the fact that Mr Walsh's submissions were, to a certain extent, confirmed by Mr
Waddell, we agree that perhaps DREW'S reaction may have made the incident look worse than it
actually was.

--

For those reasons, and because of the doubt that we have been left in, the charge is dismissed.

--

KG Hales
Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d, 871.l.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7b251ec27d14880b143b3544404cb2b7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 37285579d64b431224c2500e42194627


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/04/2008


meet_title: Canterbury JC - 19 April 2008


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-jc


meet_racingtype: thoroughbred-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Canterbury JC