Wellington RC – 28 January 2006 –

hearingid: f15681a15c50ecbcc30ea4a80721fbf7

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hearing_racingtype: thoroughbred-racing

startdate: 28/01/2006

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hearing_title: Wellington RC - 28 January 2006 -

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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 M Hills, rider of MACAVELLI MISS, angled his mount inwards over the final stages of the race when not clear of SAPPHIRE BELLE

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 M Hills, rider of MACAVELLI MISS, angled his mount inwards over the final stages of the race when not clear of SAPPHIRE BELLE, ridden by K Williams, and ATAPI, ridden by G Cooksley. This resulted in interference to both these horses.

Mr Hills pleaded guilty to the charge which means this committee only has to adjudicate on penalty.

Mr McCutcheon demonstrated all the relevant video films and showed Mr Hills angle his mount inwards to the running rail to gain a better run to the post. In doing so he shaved SAPPHIRE BELLE ridden by K Williams and then continued on to take the line of ATAPI ridden by G Cooksley. ATAPI in particular received a severe check. Mr Hills was not the required distance clear when moving across.

Mr McCutcheon stated that Mr Hills was not entitled to do what he did and he denied both ATAPI and SAPPHIRE BELLE any chance they had in the race. In particular he extinguished the chance of ATAPI who was in a handy position at the time.

Mr Hills in his defence had little to say and admitted his guilt was clear to see on film. He said the gaps were there to take but it really was just an error of judgement on his behalf.

Penalty:

Mr McCutcheon when asked for submissions on penalty said that Mr Hills had a very good record with no charges in the last 12 months.

However, he said that Mr Cooksley in particular had received very severe interference from Mr Hills who was only half a length clear when he moved across. He believed the incident was at the top end of careless riding and warranted a term of suspension.

Mr Hills when asked for submissions on penalty said he would leave it to the committee.

Penalty Decision:

The committee in assessing penalty carefully considered submissions made by Mr McCutcheon, Mr Hills record, and his guilty plea. They were satisfied that the check received by Mr Cooksley in particular was a severe one which happened as a result of Mr Hills angling his mount towards the running rail when not the required distance clear of SAPPHIRE BELLE and ATAPI. As a result the chances of these two horses were extinguished.

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

1122(2)

(a) the status of the race

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2. the stake payable in respect of the race
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3. 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 a suspension was imposed to begin after the conclusion of racing on Monday the 31 January 2006 and to conclude after the finish of racing on 23

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hearing_type: Old Hearing

Rules: 871.1.d, 1122.2

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