Archive Decision

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Otago RC 26 December 2019 – R 2 – Chair, Mr P Knowles

ID: JCA17373

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Mr B Murray - Class B Apprentice Rider, Mr T Moseley - Class A Jockey - Assisiting Mr Murray

Other Person:
Miss C Barnes - Class A Jockey, Miss T Comignaghi - Class B Apprentice Jockey, Miss R Haley - Stipendiary Steward

Information Number:
A11857

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Otago RC - 26 December 2019

Meet Chair:
PKnowles

Meet Committee Member 1:
MConway

Race Date:
2019/12/26

Race Number:
R2

Decision:

The charge is found to be proved.

Penalty:

Mr Murray is suspended from the completion of racing on January 1st 2020, up to and including the 6th January 2020 (5 days).

Facts:

Mr Murray was charged with a breach of careless riding r 638(1)(d) alleging interference to several runners in race 2.

Mr Murray did not admit the charge and was assisted at the hearing by Mr T Moseley.

Miss Haley, with the use of the videos pointed out the relevant positions of GINNY (B Murray), INTIMIDATE (C Barnes) and EL GLADIADOR (T Comignaghi) as the field approached the first bend about the 950 metres.

Submissions for Decision:

Mr Davidson stated that GINNY was about four wide with runners on its inner. He said Mr Murray attempted to shift inwards but was not clear of INTIMIDATE resulting in contact being made with resulting interference to EL GLADIADOR. Miss Comignaghi was forced to check back sharply.

Miss Barnes said she was unable to relieve the pressure on Miss Comignaghi’s mount.

Miss Comignaghi  stated the tightening came from outside Miss Barnes’ mount and she was forced to check sharply.

Mr Moseley stated that the initial interference was due to INTIMIDATE racing ungenerously by stepping outwards and bumping into GINNY causing the interference to EL GLADIADOR. Coupled with the easing of pace as they raced into the first bend which was another contributing factor.

Mr Murray  said he believed he was always three wide and allowed to be where he was. He said Miss Barnes kicked up her mount and came into contact with him which caused the tightening.

Reasons for Decision:

It is clear from the video replay that Mr Murray was looking to shift inwards prior to the interference. However, he was never sufficiently clear of the inside runner INTIMIDATE. While INTIMIDATE may have raced ungenerously and there was an easing of pace, the onus was on Mr Murray to keep clear when attempting to shift inwards. 

Submissions for Penalty:

Mr Davidson said Mr Murray had two previous breaches of the Rule in February and March this year. However, he’d had 235 rides since then with no breaches of any Rule.  Mr Davidson described this as a “very good record.” He sought a suspension at the bottom of the scale.

Mr Murray sought a deferment on suspension for 7 days. He said he had a good record and there were contributing factors to the interference.

Reasons for Penalty:

Mr Murray has a good record and while a runner was checked there were mitigating factors which contributed. He sought a deferment of penalty which is granted. A five day suspension is appropriate.

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: dc59b5c79357181e9b3dcfb928bf81e1


informantnumber: A11857


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: denied


penaltyrequired: 1


decisiondate: 27/12/2019


hearing_title: Otago RC 26 December 2019 - R 2 - Chair, Mr P Knowles


charge:


facts:

Mr Murray was charged with a breach of careless riding r 638(1)(d) alleging interference to several runners in race 2.

Mr Murray did not admit the charge and was assisted at the hearing by Mr T Moseley.

Miss Haley, with the use of the videos pointed out the relevant positions of GINNY (B Murray), INTIMIDATE (C Barnes) and EL GLADIADOR (T Comignaghi) as the field approached the first bend about the 950 metres.


appealdecision:


isappeal:


submissionsfordecision:

Mr Davidson stated that GINNY was about four wide with runners on its inner. He said Mr Murray attempted to shift inwards but was not clear of INTIMIDATE resulting in contact being made with resulting interference to EL GLADIADOR. Miss Comignaghi was forced to check back sharply.

Miss Barnes said she was unable to relieve the pressure on Miss Comignaghi’s mount.

Miss Comignaghi  stated the tightening came from outside Miss Barnes’ mount and she was forced to check sharply.

Mr Moseley stated that the initial interference was due to INTIMIDATE racing ungenerously by stepping outwards and bumping into GINNY causing the interference to EL GLADIADOR. Coupled with the easing of pace as they raced into the first bend which was another contributing factor.

Mr Murray  said he believed he was always three wide and allowed to be where he was. He said Miss Barnes kicked up her mount and came into contact with him which caused the tightening.


reasonsfordecision:

It is clear from the video replay that Mr Murray was looking to shift inwards prior to the interference. However, he was never sufficiently clear of the inside runner INTIMIDATE. While INTIMIDATE may have raced ungenerously and there was an easing of pace, the onus was on Mr Murray to keep clear when attempting to shift inwards. 


Decision:

The charge is found to be proved.


sumissionsforpenalty:

Mr Davidson said Mr Murray had two previous breaches of the Rule in February and March this year. However, he’d had 235 rides since then with no breaches of any Rule.  Mr Davidson described this as a “very good record.” He sought a suspension at the bottom of the scale.

Mr Murray sought a deferment on suspension for 7 days. He said he had a good record and there were contributing factors to the interference.


reasonsforpenalty:

Mr Murray has a good record and while a runner was checked there were mitigating factors which contributed. He sought a deferment of penalty which is granted. A five day suspension is appropriate.


penalty:

Mr Murray is suspended from the completion of racing on January 1st 2020, up to and including the 6th January 2020 (5 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Mr B Murray - Class B Apprentice Rider, Mr T Moseley - Class A Jockey - Assisiting Mr Murray


Otherperson: Miss C Barnes - Class A Jockey, Miss T Comignaghi - Class B Apprentice Jockey, Miss R Haley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: a39b95371b4a88d34961c7b11a41e341


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 81db11d024b2b3b599872c7d90c9154c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/12/2019


meet_title: Otago RC - 26 December 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: otago-rc


meet_racingtype: thoroughbred-racing


meet_chair: PKnowles


meet_pm1: MConway


meet_pm2: none


name: Otago RC