Wellington RC – 28 January 2006 – Race 9

hearingid: 902569e21483f0e11db3d0b895daadca

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hearing_racingtype: thoroughbred-racing

startdate: 28/01/2006

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decisiondate: no date provided

hearing_title: Wellington RC - 28 January 2006 - Race 9

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Decision:

Following the running of Race 9, the GT Nissan Thorndon Mile, an information was filed by Stipendiary Steward Mr LN McCutcheon, under Rule 871(1)(d), when he alleged that Mr C Ormsby the rider of PENITENTIARY angled his mount outward when not clear of ROCKABUBBLE

Following the running of Race 9, the GT Nissan Thorndon Mile, an information was filed by Stipendiary Steward Mr LN McCutcheon, under Rule 871(1)(d), when he alleged that Mr C Ormsby the rider of PENITENTIARY angled his mount outward when not clear of ROCKABUBBLE ridden by Mr B Jones causing interference to that runner in the home straight.

Mr Ormsby pleaded guilty to the charge and was represented by Mr M Walker.

As Mr Ormsby pleaded guilty it only necessitates the committee to adjudicate on penalty.

Mr McCutcheon demonstrated the relevant video films and showed that at approximately the 200 metre mark Mr Ormsby angle his mount outwards to gain a better run. In doing so he took the line of ROCKABUBBLE on his outside who received a severe check as a result. Mr McCutcheon said that PENITENTIARY came from behind ROCKABUBBLE before moving out into his line. He was not the required distance clear when he did so. He said that initially there may have been a slight brushing from RAGS TO RICHES to PENITENTIARY that did not cause PENITENTIARY to move out into the line of ROCKABUBBLE. Mr McCutcheon further stated that Mr Ormsby continued to push forward using his whip when moving outwards and at no time take corrective action.

Mr Walker, representing Mr Ormsby said in his opinion there was some tightening from RAGS TO RICHES onto PENITENTIARY and that ROCKABUBBLE moved in slightly. He believed this buffeting before the incident did have a bearing on the incident.

Mr Ormsby did not wish to add anything.

Penalty:

Mr McCutcheon when asked for submissions on penalty produced Mr Ormsby's record, which reads ?

29 October 2005 - 3 days

3 January 2006 - 5 days

4 January 2006 -  3 days

He said this was not a good record. He also said that in this case Mr Ormsby did not have a run ahead of him so angled his mount out and badly interfered with Mr Jones. He believed a suspension was warranted.

Mr Walker on Mr Ormsby's behalf said that in his opinion there was some contributory circumstances in the incident and therefore a minimal suspension should be imposed.

Decision:

The committee carefully considered all submissions and took into account Mr Ormsby's record and his guilty plea. The committee agreed with Mr McCutcheon that Mr Jones received a sharp check caused by Mr Orsmby moving out into his line when not the required distance clear.

In imposing a fair penalty the committee said they must achieve one which reflects a balance between the severity of the interference, Mr Ormsby's poor record and his guilty plea. The race in question is one of the feature races on the racing calendar. The committee also placed importance on Rule 1122(2), which was read to Mr Walker and Mr Ormsby. The applicable and relevant contents of this rule are as follows ?

1122(2)

--
• the status of the race

--
• the stake payable in respect of the race --
• any consequential effects upon any person or horse as a result of the breach of the rule

Accordingly, and taking all the above into account the committee believed a suspension is the correct penalty, and imposed a suspension which starts after the conclusion of racing on 30 January 2006, and concludes after the finish of racing on the 15 February 2006.

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hearing_type: Old Hearing

Rules: 871.1.d, 1122.2

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raceid: ba28dbb5d60a694e65eeebe860a3dfaf

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race_title: Race 9

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meetid: 44f6c3dfb2628e41aa3f98c35b7c0088

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meetdate: 28/01/2006

meet_title: Wellington RC - 28 January 2006

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tracklocation: wellington-rc

meet_racingtype: thoroughbred-racing

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name: Wellington RC