Southland RC – 5 October 2008 – Race 8

hearingid: 5b9f7765baf0d5c7899634c9d8c102e5

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hearing_racingtype: thoroughbred-racing

startdate: 05/10/2008

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decisiondate: no date provided

hearing_title: Southland RC - 5 October 2008 - Race 8

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Decision:

Under Rule 871 (1) (d) Stipendiary Steward Mr S Ching alleged that Mr J Misbah allowed his mount OF THE ESSENCE to shift inwards causing PETER PORTER onto HOBES which had to check.  Mr Misbah did not admit the breach and attended the hearing, assisted by Mr B Anderton, trainer.

Video evidence showed Mr Misbah on OFF THE ESSENCE moved over onto Mr Todd’s horse PETER PORTER (he came from 4 wide to 3 wide).  Mr Todd in turn checked Mr Moseley’s horse HOBES.  All horses were no more than ¾ length ahead, not 1 1/2L plus 1 1/2L.  A further complication was caused by no. 7 LAUTENSCHLAGER which was on the rail inside Mr Moseley and giving Mr Moseley nowhere to go.

In evidence, Mr Moseley said pressure was coming from outside – Mr Todd’s horse which was 3 wide – it was short sharp pressure – about 2 strides.  Pointing to the film Mr Moseley said it was coming from Mr Misbah’s horse which was 4 wide.

Mr Todd, in evidence, said there was room and he was aware Mr Moseley was there but he was hard on Mr Misbah’s heels and was forced down onto Mr Moseley – causing him to check out.  Mr Todd was sure that he was aware Mr Moseley was trying to hold his ground but he, Mr Todd, was dictated to by Mr Misbah’s horse.

In response, Mr Anderton, using the video to illustrate his point, claimed HOBES, ridden by T Moseley, had come out ½ a horse and caused the problem.

Mr Moseley stated that he was trying to protect his position from the horse inside him – LAUTENSCHLAGER.  By coming out he was trying to avoid LAUTENSCHLAGER’s rump but Mr Misbah continued to come in.

In summary, the stewards believed that Mr Misbah went from 4 wide to 3 wide and Mr Moseley tried to protect himself.  He was 1 off the rail and forced down by others coming in and he was just trying to stand up.

DECISION

We find the charge proven.  Mr Anderson claims HOBES’ coming out caused or at least contributed to the incident.  To a minor degree this may be true but Mr Moseley had to defend his position and if Mr Misbah had stayed 4 wide the incident would not have happened.

PENALTY

Submissions as to penalty were sought.  Again, as in the race 6 incident involving Mr Misbah, the stipendiary stewards felt this was a mid range offence warranting a suspension of 4 to 6 days.  Mr Anderson made no submission as to penalty.

As in the earlier incident (Race 6) we give credit for Mr Misbah’s good record and taking 4 days as a starting point, reduce this to 3 days.  We suspend Mr Misbah’s licence for an additional 3 days to take effect from 20 October 2008 to the conclusion of racing on 02 November 2008.

J L Eagles

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hearing_type: Old Hearing

Rules: 871.1.d

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raceid: 03ff726470464d96bdac90cb139bb3eb

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race_title: Race 8

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meetdate: 05/10/2008

meet_title: Southland RC - 5 October 2008

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meet_racingtype: thoroughbred-racing

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name: Southland RC