Timaru RC – 16 June 2007 –

hearingid: 9928cbdb7df5d1601152d04e98c2a79a

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hearing_racingtype: thoroughbred-racing

startdate: 16/06/2007

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hearing_title: Timaru RC - 16 June 2007 -

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Following the running of Race 4 an information was lodged by the Stipendiary Stewards alleging a breach of Rule 871(1)(d). The information alleged that with approximately 500 metres to run, Mr G Walsh, the rider of Wise Dancer moved inwards when insufficiently clear

Following the running of Race 4 an information was lodged by the Stipendiary Stewards alleging a breach of Rule 871(1)(d). The information alleged that with approximately 500 metres to run, Mr G Walsh, the rider of Wise Dancer moved inwards when insufficiently clear forcing Southern Time (Mr S Moir) on to the pylons.

At the outset of the hearing Mr Walsh confirmed that he admitted the breach but wished to make submissions with respect to the incident and to penalty.

Mr Ching demonstrated the incident with the assistance of the video evidence of the race. He said that prior to the incident there was clear room for Mr Moir to move through and that was evident from the first pylon the horses reached. However at second and third pylons, Mr Walsh's horse had moved in and as a result Mr Moir's horse brushed the second pylon and he had to take hold of his horse at the third pylon otherwise he would have been forced inside that pylon. Mr Ching said that Mr Moir's horse's chances were affected by the pressure from the outside.

Mr Walsh for his part said that he had difficulty lining up the track with the pylons however he accepted that he did move in and that, from viewing the video evidence, Mr Moir's horse's chances were affected.

The charge is found proven. Submissions were made as to penalty. Mr Ching said that in view of the type of incident in which a horse's chances were affected, suspension was appropriate. Mr Walsh said that he would prefer a fine.

Mr Ching informed the Committee that Mr Walsh had been in New Zealand for one and a half years and had approximately seventy rides. He said that his records showed that there had been no offences against this rule in the last 12 months. Mr Walsh for his part said that he preferred a monetary penalty.

The Committee adjourned to consider penalty and, on return to the Inquiry Room, were informed by Mr Walsh that he had been suspended on Thursday 14 June 2007 although the records held by Mr Ching did not disclose the suspension. The suspension was up until and including completion of racing on Sunday 24 June 2007.

The Committee had determined that the appropriate suspension was a three day one and accordingly Mr Walsh's licence is suspended from the commencement of racing on 25 June 2007 until completion of racing on 30 June 2007 an effective three days on the information supplied by Mr Walsh as to his likely commitments. In arriving at the penalty, the Committee gave credit to Mr Walsh for his early guilty plea and his frankness at the hearing. The Committee was also grateful to Mr Walsh for making information about his recent suspension available to the Hearing so that an effective penalty could be imposed.

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B J Coombes

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hearing_type: Old Hearing

Rules: 871.1.d

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