Non Raceday Inquiry – J Waddell 23 January 09

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hearing_racingtype: thoroughbred-racing

startdate: 01/01/2001

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hearing_title: Non Raceday Inquiry - J Waddell 23 January 09

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NON-RACEDAY INQUIRY

HELD AT MATAMATA RACECOURSE ON 23 JANUARY 2009

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(Following race 4 at the Racing Tauranga meeting on 09 January 2009 an Information was filed pursuant to Rule 871(1)(d).  The informant, Stipendiary Steward Mr A Coles, alleged that passing the 500 metres DESERT LAD (ridden by J Waddell) shifted out causing tightening then a check to AUNTIE BRAM (ridden by N Collett) who was forced onto HUNDRED PIPERS (ridden by M Hills) who was badly hampered.)

This matter was adjourned, and heard at Matamata on 23 January 2009.

(Raceday decision) : Following race 4 at the Racing Tauranga meeting on 09 January 2009 an Information was filed pursuant to Rule 871(1)(d).  The informant, Stipendiary Steward Mr A Coles, alleged that passing the 500 metres DESERT LAD (ridden by J Waddell) shifted out causing tightening then a check to AUNTIE BRAM (ridden by N Collett) who was forced onto HUNDRED PIPERS (ridden by M Hills) who was badly hampered.

Mr Waddell did not admit the charge.  At this stage Mr Waddell said he was feeling unwell and not fit enough to defend the charge.  The Committee then requested the course doctor to examine Mr Waddell and provide a medical certificate.  After this examination Mr Waddell was stood down from his later engagement.  Mr Waddell then confirmed to the Committee he did not feel well enough to continue the inquiry.  Accordingly the inquiry is adjourned until 10.30 am on 15.01.09 at Te Rapa.  This precedes the racemeeting on that day.

Richard Seabrook

Chairman

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This matter was adjourned and heard at Matamata on 23 January 2009 :

NON-RACEDAY INQUIRY

HELD AT MATAMATA RACECOURSE ON 23 JANUARY 2009

PRESENT:        Mr R Seabrook (Chairman)

                            Mr B Tims (Panel)

                            Mr A Coles, Stipendiary Steward

                            Mr W Robinson, Assistant Stipendiary Steward

                            Mr J McKenzie, Chief Racecourse Inspector (NZTR)

                            Mr J Waddell, Jockey

                            Mr M Dillon, Mr Waddell’s Agent

As this inquiry was an adjournment resulting from the Tauranga meeting on 09 January 2009,  the Chairman gave a brief précis of the issues leading to today’s inquiry.

Mr Dillon then addressed the hearing and asked it be recorded he had grave concerns with issues which led to the two adjournments.  Mr McKenzie, on behalf of NZTR, said these were being addressed by a different forum. 

Mr Coles read Rule 871 (1) (d) and asked Mr Waddell whether he wanted to change his plea.  Mr Waddell said he wanted to defend the charge.

Mr Coles then called Tasha Collett, rider of AUNTIE BRAM, to give evidence.  She said she was racing 3 wide and approximately 500 metres from home when she received tightening from the inside, and forcing her outwards onto Mark Hills.  This caused her to take a strong hold and stand up in her irons.

Mr Robinson, Assistant Stipendiary Steward, demonstrated the video films which clearly showed Mr Waddell riding forward and forcing his way out and into the line of AUNTIE BRAM (T Collett) which in turn moved her out into the line of HUNDRED PIPERS (M Hills).  This caused Mr Hills to be turned sideways.  Mr Robinson said Mr Waddell was never the required distance clear when he moved out. 

Mr M Hills, rider of HUNDRED PIPERS, was then called.  He said he was on the outside of Tasha Collett and received severe pressure from the inside forcing him sideways.

Mr Dillon, speaking for Mr Waddell, demonstrated on the film the mowing strip which Mr Hills was racing on.  He believed Mr Hills moved in contributing to the interference.

Mr Waddell also said he believed Mr Hills moved in and he had got out without contact with Tasha Collett.

Mr Coles, in summing up, said Ms Collett was racing 3 wide just outside Rogan Norvall when she received a severe check from Mr Waddell moving out forcing her on to Mark Hills who was turned sideways and forcing him 6 wide.

DECISION:

The Committee has carefully considered all the evidence put before us today and reviewed the video films.

We prefer the evidence of Mr Robinson and Mr Coles.  We are satisfied that Mr Waddell who was racing close to the rail angled his mount out and into the line of AUNTIE BRAM (T Collett) when insufficiently clear.  This in turn forced Tasha Collett to move out and make contact with HUNDRED PIPERS (M Hills) who was turned sideways as a result.  We do not believe Mr Hills played any part in this interference by any inward movement on his part.  Accordingly we find the charge proven.

PENALTY SUBMISSIONS:

Mr Coles produced Mr Waddell’s record which showed 5 charges in the last 12 months.  He submitted a suspension was necessary and said 5 – 7 days was appropriate. 

Mr Dillon submitted that a reduced suspension should be imposed because of mitigating circumstances.

Mr Waddell said he had firm commitments until Sunday 25 January and asked for any suspension to start then.

We have given consideration to the submissions on penalty and before imposing a fair penalty we have taken into account the following:

1.                  Mr Waddell’s record which we can only describe as fair.

2.                  The level of carelessness on his part and the subsequent interference received by Miss Collett and Mr Hills.

3.                  While we have some sympathy with Mr Dillon’s comments regarding other related issues, as already stated this is being addressed by a separate forum.  We do not believe this should have any bearing on the penalty we are about to impose.

Accordingly we impose a suspension to start after racing on Sunday 25 January and conclude after racing on 5 February 2009 (7 days).

R Seabrook                                                     B Tims

CHAIRMAN

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Rules: 871.1.d

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