Archive Decision

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Otago RC 2 December 2018 – R 8 – Chair, Prof G Hall

ID: JCA12125

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr T Moseley - Class A Jockey

Other Person:
Mr J McLaughlin - Stipendiary Steward

Information Number:
A8637

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Otago RC - 2 December 2018

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2018/12/02

Race Number:
R 8

Decision:

As Mr Moseley has admitted the breach, it is found to be proved.

Penalty:

Mr Moseley’s licence is suspended for 5 National days. This is from the end of racing on 7 December up to and including 14 December 2018.

Facts:

Mr Davidson alleged that Mr T Moseley (KAHARAU) in race 8, the NO LIMITS INTERIORS 2030, permitted his mount to shift inwards passing the 1900 metres when not clear of TAXIHOME (Mr K Mudhoo) which was checked.

Mr McLaughlin, Stipendiary Steward, demonstrated on the films that Mr Moseley was 2 wide shortly after the start and was looking for the rail. He came across and, in so doing, tightened the horse to his inside ridden by Mr K Mudhoo. Mr Mudhoo had had to check his mount and take hold. Mr McLaughlin demonstrated that Mr Moseley was only a bare length clear when shifting.

Mr Moseley said he had drawn 1 and had jumped out and cannoned into the horse that had drawn 3, as KAHARAU had shifted outwards. He then was going back to his true position, which was on the rail. He was not aware that Mr Mudhoo had kicked up and taken the rail. He added that KAHARAU had blinkers on and this was the first time for a while. They were put on to make the horse concentrate as it was thought it might have been “bludging”.

Submissions for Penalty:

Mr Davidson said Mr Mudhoo was entitled to be where he was but the breach was low range. He produced the respondent’s record which showed one suspension in the last 12 months when Mr Moseley was suspended for 6 days on 6 June. He said the previous breach was low range but there were high end consequences. He described Mr Moseley’s record as being very good.

Mr Moseley agreed the breach was low end and agreed with the Stewards’ assessment of the gravity of the breach.

Mr Moseley sought a deferment of any suspension that we were to impose until after the Riccarton meeting on 7 December.

Reasons for Penalty:

We believe that the breach is low range. Mr Moseley had been a little slow to jump and had lost ground through shifting outwards and contacting TANIWHA (Ms Morris). He should have been alert to the possibility that the horse in gate 2, Mr Mudhoo, may have kicked up and also looked for the rail. The obligation on Mr Moseley is to be his length and another clear. He was not when he shifted towards the rail.

The starting point is 6 national days. Mr Moseley’s record is very good. His last breach is 6 months ago and it only his second breach in a 12 month period. He is a busy South Island rider. A day’s credit is appropriate for this and his admission of the breach.

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: 351a3a4b2c8a4c038378804e9195b791


informantnumber: A8637


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 04/12/2018


hearing_title: Otago RC 2 December 2018 - R 8 - Chair, Prof G Hall


charge:


facts:

Mr Davidson alleged that Mr T Moseley (KAHARAU) in race 8, the NO LIMITS INTERIORS 2030, permitted his mount to shift inwards passing the 1900 metres when not clear of TAXIHOME (Mr K Mudhoo) which was checked.

Mr McLaughlin, Stipendiary Steward, demonstrated on the films that Mr Moseley was 2 wide shortly after the start and was looking for the rail. He came across and, in so doing, tightened the horse to his inside ridden by Mr K Mudhoo. Mr Mudhoo had had to check his mount and take hold. Mr McLaughlin demonstrated that Mr Moseley was only a bare length clear when shifting.

Mr Moseley said he had drawn 1 and had jumped out and cannoned into the horse that had drawn 3, as KAHARAU had shifted outwards. He then was going back to his true position, which was on the rail. He was not aware that Mr Mudhoo had kicked up and taken the rail. He added that KAHARAU had blinkers on and this was the first time for a while. They were put on to make the horse concentrate as it was thought it might have been “bludging”.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Moseley has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Davidson said Mr Mudhoo was entitled to be where he was but the breach was low range. He produced the respondent’s record which showed one suspension in the last 12 months when Mr Moseley was suspended for 6 days on 6 June. He said the previous breach was low range but there were high end consequences. He described Mr Moseley’s record as being very good.

Mr Moseley agreed the breach was low end and agreed with the Stewards’ assessment of the gravity of the breach.

Mr Moseley sought a deferment of any suspension that we were to impose until after the Riccarton meeting on 7 December.


reasonsforpenalty:

We believe that the breach is low range. Mr Moseley had been a little slow to jump and had lost ground through shifting outwards and contacting TANIWHA (Ms Morris). He should have been alert to the possibility that the horse in gate 2, Mr Mudhoo, may have kicked up and also looked for the rail. The obligation on Mr Moseley is to be his length and another clear. He was not when he shifted towards the rail.

The starting point is 6 national days. Mr Moseley’s record is very good. His last breach is 6 months ago and it only his second breach in a 12 month period. He is a busy South Island rider. A day’s credit is appropriate for this and his admission of the breach.


penalty:

Mr Moseley’s licence is suspended for 5 National days. This is from the end of racing on 7 December up to and including 14 December 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr T Moseley - Class A Jockey


Otherperson: Mr J McLaughlin - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 8de8c43744488b4d7b5f32f10a87c6f0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


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race_chair:


race_pm1:


race_pm2:


meetid: 986047b62b68b77be83e7cde01377c7a


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meet_noreport: 0


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meet_emailed1: 0


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meetdate: 02/12/2018


meet_title: Otago RC - 2 December 2018


meet_expappcomment:


meet_km:


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tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Otago RC