Whangarei RC – 22 June 2005 – Race 4

This is an adjourned inquiry resulting from Race 4 at the Whangarei Racing Club's meeting on 22 June 2005.

The charge is lodged by the Informant, Mr A Coles, under Rule 871(1)(c) who alleges that Mr C Ormsby, rider of ANTON, struck the horse CENSORED ridden by Mrs T Thornton on the head while in the home straight.

Mr Ormsby, an apprentice jockey, was represented by his employer, Mr L O?Sullivan. He did not admit the charge.

Mr Oatham demonstrated the video films and showed ANTON ridden by Mr C Ormsby moving in towards CENSORED ridden by Mrs T Thornton while being ridden with the whip by Mr Ormsby. The film showed Mrs Thornton's mount CENSORED receiving a strike on the head from Mr Ormsby. Mr Oatham said he believed Mr Ormsby looked across before CENSORED was struck on the head, an action he believed was deliberate.

Mr O?Sullivan said Mr Ormsby was a 3kg claimer and in no way was the alleged offence deliberate. He said Mr Ormsby rode with a high whip action often with his head to the right. He said the incident was exaggerated by Mr Ormsby's arm action and possible outward movement from ANTON.

Mr Ormsby said he did not realize he had struck Mrs Thornton's mount and thought he had hit his own mount behind the saddle.

Mrs Thornton said she was half to three-quarters of a length behind Mr Ormsby when her mount was struck quite firmly on the head by Mr Ormsby.

Mr Coles produced a statement taken from Mrs Thornton on race day confirming her evidence today.

Mr Coles said in his statement that he conceded that Mr Ormsby had a high whip action, but in this incident does look in and considers his arm action different, therefore he considered it a deliberate action.

The Committee carefully considered all evidence and reviewed the films several times. While the film showed CENSORED being struck by Mr Ormsby and Mr Ormsby looking in before the incident, the Committee has some doubt that the actual strike on CENSORED's head was deliberate. We have this doubt because of Mr Ormsby's whip action prior to the whip contact. We did have some concern that Mr Ormsby had a stronger look inwards prior to the incident, but do not believe the film showed clearly enough the strike on CENSORED's head being a deliberate act by Mr Ormsby.

We believe the Stipendiary Stewards were quite correct bringing the charge forward, but because we have some doubt we must give the benefit of that to Mr Ormsby. Accordingly, we dismiss the charge, but in doing so ask you, Mr Ormsby and Mr O?Sullivan, to ponder on how serious this charge could have been.