Archive Decision

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Otago RC – 2 February 2008 – Race 9

ID: JCA19643

Hearing Type:
Old Hearing

Rules:
871.1.d

Code:
Thoroughbred

Hearing Type (Code):
thoroughbred-racing

Meet Title:
Otago RC - 2 February 2008

Race Date:
2008/02/02

Race Number:
Race 9

Decision: Mr Misbah the rider of REAL CHANCE in race 9 has admitted a breach of Rule 871(1)(d) in that at about the 500 metres mark he angled his mount out and tightened MEGAPINS (C Ormsby) which was jostled for several strides.

Mr Misbah the rider of REAL CHANCE in race 9 has admitted a breach of Rule 871(1)(d) in that at about the 500 metres mark he angled his mount out and tightened MEGAPINS (C Ormsby) which was jostled for several strides. We thus find the charge proved.

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Mr Goodwin, stipendiary steward, demonstrated the incident on the video and described the incident as causing quite severe tightening to Mr Ormsby.

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Mr Anderton, on Mr Misbah’s behalf, said Mr Misbah was clearing heels and had made a misjudgement and come out too quickly. He said, while buffeted, Mr Ormsby had suffered little disadvantage as a consequence of the incident.

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Mr Ching described the breach as high end and asked for a suspension in the range of 6 to 8 days.  He said the outwards movement carried on for some time and rider safety was compromised.  He described Mr Misbah as a promising young rider whose recent record was clear for breaches of the rule, although there had been 4 warnings issued in the current season.  We give little weight to these warnings as clearly Mr Misbah has not been found to be in breach of the Rules with respect to these incidents.  We prefer to attach weight to Mr Misbah’s clear record.  We also give weight to his ready admission of the breach.  We take into account that this is a premier day and, although not a listed or stakes race, the total stakes were $30,000.

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We believe the incident to be mid range.  A suspension is appropriate.  We take a starting point of 6 days to reflect the gravity of the breach, and reduce this by 2 days to reflect the mitigating factors of an excellent record and admission of the breach.  Mr Misbah is suspended from riding at the end of racing today, up to and including Saturday 23 February. This is 4 South Island racing days.

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Geoff Hall                     Chairman

Neil Johnstone              Member

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.

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hearing_racingtype: thoroughbred-racing


startdate: 02/02/2008


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penaltyrequired:


decisiondate: no date provided


hearing_title: Otago RC - 2 February 2008 - Race 9


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Misbah the rider of REAL CHANCE in race 9 has admitted a breach of Rule 871(1)(d) in that at about the 500 metres mark he angled his mount out and tightened MEGAPINS (C Ormsby) which was jostled for several strides.

Mr Misbah the rider of REAL CHANCE in race 9 has admitted a breach of Rule 871(1)(d) in that at about the 500 metres mark he angled his mount out and tightened MEGAPINS (C Ormsby) which was jostled for several strides. We thus find the charge proved.

--

 

--

Mr Goodwin, stipendiary steward, demonstrated the incident on the video and described the incident as causing quite severe tightening to Mr Ormsby.

--

 

--

Mr Anderton, on Mr Misbah’s behalf, said Mr Misbah was clearing heels and had made a misjudgement and come out too quickly. He said, while buffeted, Mr Ormsby had suffered little disadvantage as a consequence of the incident.

--

 

--

Mr Ching described the breach as high end and asked for a suspension in the range of 6 to 8 days.  He said the outwards movement carried on for some time and rider safety was compromised.  He described Mr Misbah as a promising young rider whose recent record was clear for breaches of the rule, although there had been 4 warnings issued in the current season.  We give little weight to these warnings as clearly Mr Misbah has not been found to be in breach of the Rules with respect to these incidents.  We prefer to attach weight to Mr Misbah’s clear record.  We also give weight to his ready admission of the breach.  We take into account that this is a premier day and, although not a listed or stakes race, the total stakes were $30,000.

--

 

--

We believe the incident to be mid range.  A suspension is appropriate.  We take a starting point of 6 days to reflect the gravity of the breach, and reduce this by 2 days to reflect the mitigating factors of an excellent record and admission of the breach.  Mr Misbah is suspended from riding at the end of racing today, up to and including Saturday 23 February. This is 4 South Island racing days.

--

 

--

Geoff Hall                     Chairman

Neil Johnstone              Member

sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules: 871.1.d


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


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meetdate: 02/02/2008


meet_title: Otago RC - 2 February 2008


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