Canterbury JC – 9 November 2005 –

hearingid: d058d0cb0e208cfb9c0c2d8a9097d4ba

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hearing_racingtype: thoroughbred-racing

startdate: 09/11/2005

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hearing_title: Canterbury JC - 9 November 2005 -

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The Stipendiary Steward, Mr SC Ching, requested a ruling on a disputed riding engagement of the rider for "Abit Rusty" in Race 9 on today's card.

The Stipendiary Steward, Mr SC Ching, requested a ruling on a disputed riding engagement of the rider for "Abit Rusty" in Race 9 on today's card.

The parties in attendance were jockey PA Taylor and the trainer of the horse, Mr JR Lynds.

The issue for determination was whether or not Mr Taylor had been engaged to ride the horse "Abit Rusty" or had Mr HS Tinsley been engaged.

Mr Taylor gave evidence that he had had a lengthy association with the horse having ridden her in eleven of its last twelve starts at either race meetings or trials. He said that he had a good working relationship with Mr Warwick Satherley who is the stable foreman for Mr Lynds. He considered that he had an official riding engagement notwithstanding that he did not actually deal with the trainer, Mr Lynds.

Mr Lynds stated that he did not engage Mr Taylor. It was his opinion that Mr Taylor was acting on a presumption based on the number of rides that he had had on the horse of recent times.

Mr Lynds went on to say how he instructed Mr Satherley to nominate the horse for Race 9 on today's card which Mr Satherley did. Mr Ching told us that N.Z.T.R.'s Bureau had it recorded that at 11.24 a.m. on 3^rd November, Mr Satherley nominated the horse for the race and stated that Mr PA Taylor would be riding. The Bureau records also show that at 4.21 p.m. on that day, Mr Satherley telephoned the Bureau and stated that Mr Taylor was to be taken off as a final decision as to who was riding the horse had not been made.

Mr Lynds officially declared Mr Tinsley to be the rider by the nominated time. There was some dispute as to when that declaration of rider was actually made. Mr Lynds was of the view that he had made that declaration on Saturday 5 November, as Mr Tinsley's name had been published on the internet by that time. Mr Ching stated that the Bureau's records were that Mr Tinsley had been nominated on Monday 7 November. Whatever the case, the fact of the matter is that the declaration of rider was made within the required time.

Mr Tinsley gave evidence that the question of him riding the horse was first raised with him on Tuesday 1^st November. He remembered that date because it was the Melbourne Cup day. The riding engagement was confirmed officially with his agent Mr Andre Neil on Thursday 3^rd November 2005.

Having regard to the fact that there was concrete evidence of Mr Tinsley having been officially engaged and further, having regard to the fact that Mr Taylor was acting on a soundly based presumption, we find that in order to settle the dispute, that we must rule in favour of Mr Tinsley. The correct procedure was followed with Mr Tinsley and no such procedure was followed in so far as Mr Taylor is concerned.

Accordingly, the ruling is that Mr HS Tinsley is to ride "Abit Rusty" in Race 9 at the Canterbury Jockey Club's meeting on Wednesday 9^th November.

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