Racing Te Aroha – 22 October 2008 – Race 8

hearingid: 72d08b5c2efc0f3ab9b80ac43948014d

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hearing_racingtype: thoroughbred-racing

startdate: 22/10/2008

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hearing_title: Racing Te Aroha - 22 October 2008 - Race 8

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Decision:

Following Race 8 an information was filed pursuant to Rule 871 (1) (d) by Stipendiary Steward Mr M Williamson in that rider Mr L Innes angled his mount KEFFIYA inward near the 250 metres when not sufficiently clear of KEEPAFLYING (J McDonald) who was checked.

DECISION AND REASON:

Following Race 8 an information was filed pursuant to Rule 871 (1) (d) by Stipendiary Steward Mr M Williamson in that rider Mr L Innes angled his mount KEFFIYA inward near the 250 metres when not sufficiently clear of KEEPAFLYING (J McDonald) who was checked.

Mr L Innes did not admit the breach.

Stipendiary Steward Mr J Oatham demonstrated on the video fims where at the 250 metre mark Mr Innes was shown to be racing in tight quarters behind Moss Keen (T. Thornton).  On his inside was KEEPAFLYING. (J McDonald)

At this point Mr McDonald was entitled to take the gap directly ahead of him which Mr Oatham said was somewhat marginal.  However at this point Mr Innes who was being held up for a run elected to angle his mount in taking the line of Mr McDonald when insufficiently clear of the runner causing him a sharp check.  Mr Oatham said Mr McDonald lost considerable momentum.

Mr Oatham also stated that Mr Innes’ mount KEFFIYA made contact with the hind quarters of Moss Keen (T. Thornton) which was the reason Moss Keen rolled in.

Mr McDonald, rider of KEEPAFLYING, was called as a witness.  He said there was a small gap for 1 runner but he believed at the time Mr Innes was going better than he was and got to the gap first.  He said Mr Innes was approximately 1 length clear of him when he took his line.

Mr Innes in his submissions said there was a marginal gap for him to take and that he was traveling better than Mr MacDonald at the time.  He also stated that Mrs Thornton had moved in a fraction contributing to the interference.

Mr Williamson in summing up said it was clear there was only a gap for 1 horse and Mr Innes had created his own room when angling his mount in when only ½ a length clear of Mr McDonald.  He said the check to Mr McDonald cost him 2 lengths.

DECISION

The Committee has carefully considered all evidence and reviewed the video films.  We are satisfied that Mr Innes angled his mount in to take the gap and in doing so take the line of Mr McDonald when not the required distance clear of that runner.  Mr McDonald received quite a severe check and lost approximately 2 lengths.  Accordingly we find the charge proven and Mr Innes guilty as charged.

PENALTY SUBMISSIONS

Mr Williamson submitted this was at the high end of carelessness and warranted 8 to 10 days.

Mr Innes submitted the penalty was ridiculous and informed the Committee he had an engagement for St Culpe in the VRC Derby and Juice in the 1000 Guineas.

PENALTY

Before imposing a fair penalty the Committee took into account the following:

·                Mr Innes’ riding record

·                Degree of carelessness which we believe was at the midrange

·                The interference suffered by Mr McDonald

The Committee does not believe this offence warrants Mr Innes missing the VRC Derby, a premier day at Ellerslie and the 1000 Guineas.  We are mindful that the 1000 Guineas is a fixed odds race with Mr Innes being confirmed as the rider and is the favourite.

Accordingly we impose a suspension for Mr Innes to serve to start after racing on 31 October and conclude after racing on 7 November (5 days) and in addition a fine of $2000.

RM Seabrook

Chairman

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hearing_type: Old Hearing

Rules: 871.1.d

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race_title: Race 8

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meetdate: 22/10/2008

meet_title: Racing Te Aroha - 22 October 2008

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