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Canterbury R 25 January 2014 – R 8

ID: JCA13399

Applicant:
M Zarb, STipendiary Steward

Respondent(s):
T R Moseley, Licensed Jockey

Information Number:
A6220

Hearing Type:
Hearing

New Charge:
Careless riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Canterbury Racing - 25 January 2014

Meet Chair:
RMcKenzie

Meet Committee Member 1:
SChing

Race Date:
2014/01/25

Race Number:
R8

Decision:

Mr Moseley having admitted the breach, the charge was found proved. 

Penalty:

The Committee was satisfied that Mr Moseley has riding engagements for Wingatui on 1 February and allowed a deferment of the suspension for 7 days pursuant to Rule 1106 (2) (b). Mr Moseley’s jockey’s licence is suspended from the conclusion of racing on Saturday, 1 February 2014, up to and including Thursday, 6 February 2014 – effectively, 3 riding days. The meetings intended to be encompassed by the term of suspension are Motukarara on 3 February, Gore on 5 February and Tauherenikau on 6 February 2014.

Facts:

Following the running of Race 8, Speight’s Timaru Stakes (Listed Race), an information was filed by Stipendiary Steward, Mr M Zarb, against Licensed Jockey (Class A), Mr T R Moseley, alleging that Mr Moseley, as the rider of FLASH HAPI in the race, he “gradually allowed his mount to shift inwards from the 1000 metres across the running line of CONSCIOUS MISTAKE (J L Morris) which lost ground”.

Mr Moseley was present at the hearing of the information and he indicated that he admitted the breach.

Rule 638 provides as follows:

(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.

Mr Zarb had Stipendiary Steward, Mr S P Renault, show video replays of the relevant part of the race, approximately 400 metres after the start of the 1400 metres race. He pointed out FLASH HAPI, ridden by Mr Moseley, racing 3-wide, with CONSCIOUS MISTAKE (J L Morris) on his inner. Mr Moseley looked to his inside attempting to cross to a 2-wide position. Mr Moseley continued to apply pressure to Miss Morris until she eventually lost ground when Mr Moseley took her line.

Mr Zarb stated that Miss Morris was not checked. It was more a case of “intimidation” where Mr Moseley had gradually come in taking her line until Miss Morris was forced to ease back and lose her position, possibly 2 lengths.

The degree of carelessness was at the “lower end” as was the degree of interference, Mr Zarb submitted.

Mr Moseley said that he was “going forward” and was going to end up where he did. He had allowed his horse to “step into the corner” and should have waited another 3-4 strides to get there. Mr Moseley submitted that the breach was lower end. He said that he had looked to his inside and thought Miss Morris was “getting out of it” and thought she was “out of it”. 

Submissions for Penalty:

Mr Zarb informed the Committee that Mr Moseley had two previous suspensions in October 2013. On each occasion, he received a 3 day suspension. He submitted that the Committee should take into account Mr Moseley’s admission of the breach. He rides on “a fairly regular basis” – he has had over 140 rides since his last suspension. Mr Zarb submitted that a 3 day suspension was an appropriate penalty for this breach.

Mr Moseley said that he did not often ride in the North Island but he had been asked by local trainer, Peter Rudkin, to ride UNRELENTING LADY in a fillies and mares race at Tauherenikau on 6 February. He had won on the mare at Kumara, he said.

Mr Zarb confirmed that Mr Moseley is not considered a “national rider”. However, he was prepared to accept that Mr Moseley would be engaged to ride UNRELENTING LADY on that particular day.

Mr Moseley told the Committee that he wished to take advantage of a 7 day deferment of any term of suspension.

Reasons for Penalty:

In determining penalty, the Committee took a starting point of 5 days, as recommended in the Penalty Guide. The Committee could find no aggravating factors, so there was no need to increase that starting point.

Mitigating factors were, firstly, Mr Moseley’s very frank admission of the breach and, secondly, his record which the Committee accepted was a good one. The Committee allowed a discount of 1 day for those factors.

The Committee also took into account, and in this respect it agreed with Mr Zarb that the carelessness was at the lower end of the scale. It was a minor error of judgement on Mr Moseley’s part. The Committee allowed a further discount of 1 day for those matters. 

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: 6d40c1c58db222074aa90d251bde2957


informantnumber: A6220


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless riding


plea: admitted


penaltyrequired: 1


decisiondate: 22/01/2014


hearing_title: Canterbury R 25 January 2014 - R 8


charge:


facts:

Following the running of Race 8, Speight’s Timaru Stakes (Listed Race), an information was filed by Stipendiary Steward, Mr M Zarb, against Licensed Jockey (Class A), Mr T R Moseley, alleging that Mr Moseley, as the rider of FLASH HAPI in the race, he “gradually allowed his mount to shift inwards from the 1000 metres across the running line of CONSCIOUS MISTAKE (J L Morris) which lost ground”.

Mr Moseley was present at the hearing of the information and he indicated that he admitted the breach.

Rule 638 provides as follows:

(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless.

Mr Zarb had Stipendiary Steward, Mr S P Renault, show video replays of the relevant part of the race, approximately 400 metres after the start of the 1400 metres race. He pointed out FLASH HAPI, ridden by Mr Moseley, racing 3-wide, with CONSCIOUS MISTAKE (J L Morris) on his inner. Mr Moseley looked to his inside attempting to cross to a 2-wide position. Mr Moseley continued to apply pressure to Miss Morris until she eventually lost ground when Mr Moseley took her line.

Mr Zarb stated that Miss Morris was not checked. It was more a case of “intimidation” where Mr Moseley had gradually come in taking her line until Miss Morris was forced to ease back and lose her position, possibly 2 lengths.

The degree of carelessness was at the “lower end” as was the degree of interference, Mr Zarb submitted.

Mr Moseley said that he was “going forward” and was going to end up where he did. He had allowed his horse to “step into the corner” and should have waited another 3-4 strides to get there. Mr Moseley submitted that the breach was lower end. He said that he had looked to his inside and thought Miss Morris was “getting out of it” and thought she was “out of it”. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Moseley having admitted the breach, the charge was found proved. 


sumissionsforpenalty:

Mr Zarb informed the Committee that Mr Moseley had two previous suspensions in October 2013. On each occasion, he received a 3 day suspension. He submitted that the Committee should take into account Mr Moseley’s admission of the breach. He rides on “a fairly regular basis” – he has had over 140 rides since his last suspension. Mr Zarb submitted that a 3 day suspension was an appropriate penalty for this breach.

Mr Moseley said that he did not often ride in the North Island but he had been asked by local trainer, Peter Rudkin, to ride UNRELENTING LADY in a fillies and mares race at Tauherenikau on 6 February. He had won on the mare at Kumara, he said.

Mr Zarb confirmed that Mr Moseley is not considered a “national rider”. However, he was prepared to accept that Mr Moseley would be engaged to ride UNRELENTING LADY on that particular day.

Mr Moseley told the Committee that he wished to take advantage of a 7 day deferment of any term of suspension.


reasonsforpenalty:

In determining penalty, the Committee took a starting point of 5 days, as recommended in the Penalty Guide. The Committee could find no aggravating factors, so there was no need to increase that starting point.

Mitigating factors were, firstly, Mr Moseley’s very frank admission of the breach and, secondly, his record which the Committee accepted was a good one. The Committee allowed a discount of 1 day for those factors.

The Committee also took into account, and in this respect it agreed with Mr Zarb that the carelessness was at the lower end of the scale. It was a minor error of judgement on Mr Moseley’s part. The Committee allowed a further discount of 1 day for those matters. 


penalty:

The Committee was satisfied that Mr Moseley has riding engagements for Wingatui on 1 February and allowed a deferment of the suspension for 7 days pursuant to Rule 1106 (2) (b). Mr Moseley’s jockey’s licence is suspended from the conclusion of racing on Saturday, 1 February 2014, up to and including Thursday, 6 February 2014 – effectively, 3 riding days. The meetings intended to be encompassed by the term of suspension are Motukarara on 3 February, Gore on 5 February and Tauherenikau on 6 February 2014.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: M Zarb, STipendiary Steward


JockeysandTrainer: T R Moseley, Licensed Jockey


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8d35a2a68b03077aa411eb8ab390a2c1


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d93e7b4dc5ebe7eb4c343a087f77afce


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/01/2014


meet_title: Canterbury Racing - 25 January 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: canterbury-racing


meet_racingtype: thoroughbred-racing


meet_chair: RMcKenzie


meet_pm1: SChing


meet_pm2: none


name: Canterbury Racing