Riverton RC – 13 April 2009 –

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hearing_racingtype: thoroughbred-racing

startdate: 13/04/2009

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hearing_title: Riverton RC - 13 April 2009 -

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Racecourse Inspector Mr R Scott began by informing the Committee that all jockeys (22) were breath tested on arrival at the course.  Mr T Moseley tested at 233mg at 10.43am.  A breach of Rule 528 (4). 

NOTE:   Before commencing the hearing, the Committee offered Mr Moseley the opportunity to defer proceedings and to seek legal representation.  Mr Moseley was adamant that he wanted the hearing to proceed at this time and place.  He found the situation embarrassing and wanted the matter dealt with.

Racecourse Inspector Mr R Scott began by informing the Committee that all jockeys (22) were breath tested on arrival at the course.  Mr T Moseley tested at 233mg at 10.43am.  A breach of Rule 528 (4).  He was tested again at 11.04am and tested at 214 mg.  )

Mr Moseley gave evidence that he had in fact attended a function on the previous day.  He had had no drinks after approx 8.00pm – 8.30pm on that day.  He did have some lunch on that day, but had nothing to eat since that time.  He also stated that he had gone to bed at 8.30pm.  He reasoned that he thought he was 'safe' because of the significant time lapse.

Mr R Scott, when suggesting a range of penalties, brought two similar cases from the North Island to the Committee for consideration.  The first being jockey J who tested at over (400mg) and received a fine of $750 and a suspension of 28 days.  A second case involved jockey C where he also tested in excess of (400mg) and received a suspension of 28 days.

Mr Scott suggested that the Committee take into account that Mr Moseley's reading was significantly lower (233 mg and 214 mg) than the two examples given.  He also stated that Mr Moseley was a respected senior jockey with no previous breaches over the past twelve months.  Mr Scott suggested a penalty of a similar nature to that of the two examples given.  The Committee adjourned to consider their decision.

Decision/Penalty

Before considering penalty, Mr Moseley was given the opportunity to take advantage of the seven-day Rule – He stated that he did wish to.

The Committee decided to suspend Mr Moseley from riding for 28 days.  (effectively 9 riding days) suspension to commence at the conclusion of racing on 18 April, up to and including 16 May.  In conclusion the Committee thanked Mr Moseley for his sincerity and comments and agreed with him that it was a disappointing situation.

Alan Dennis       Nigel Skelt
Chair                   Committee Member
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hearing_type: Old Hearing

Rules: 528.4

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