Whangarei RC – 27 May 2009 – Race 5
ID: JCA18897
Hearing Type (Code):
harness-racing
Decision:
Following race 5 an information was lodged by Stipendiary Steward Mr M Williamson pursuant to rule 871(1)(d) when it was alleged that STREET LAW ridden by M Yusof shifted in when not clear of SWEET SYMPHONY (N Collett) who clipped a heel and dislodged rider N Collett.
--
Following race 5 an information was lodged by Stipendiary Steward Mr M Williamson pursuant to rule 871(1)(d) when it was alleged that STREET LAW ridden by M Yusof shifted in when not clear of SWEET SYMPHONY (N Collett) who clipped a heel and dislodged rider N Collett.
--Mr Yusof was represented by Mr P Moroney and did not admit the charge.
--Mr A Coles demonstrated the video. It began as the field approached the 600 metres and continued as it turned out of the back straight.
--STREET LAW could be seen racing 1 horse width off the rail. SWEET SYMPHONY ( N Collett) was on the inner and ¾ length back with COPPER THIEF (C Ormsby) on the outside and trailing. Miss Collett could be seen to have to check her mount before clipping heels and then being dislodged. Mr Coles pointed out where, in his opinion, the film showed that Mr Yusof had caused the situation by allowing his mount to move in when not sufficiently clear of Miss Collett. He showed where, on the side on film, that she was always on his inner and entitled to be there. ROYAL DUDE was ahead and on the rails. The gap between the two horses on the rails was never big enough for Mr Yusof to move across into.
--Mr Coles agreed with Mr Moroney that STREET LAW could be seen to throw it’s head around. He said that he could see that there was some inconvenience but Mr Yusof should have turned his horse to the outer where there was some room instead of allowing it to continue its inward movement where there was no room. It was also clear in front of him.
--Mr Moroney spent some time questioning Mr Coles with the emphasis being on the racing manners of STREET LAW.
--Miss Collett said that just after the horses commenced the turn she was racing on the rails and Mr Yusof was ahead and on the outer. She was always entitled to be there. She moved up to his hind quarters and, after having a clear run for about 50 metres she started to receive pressure from the outside. She yelled out and thought that the pressure must have been coming from further out but she now realized that it was coming directly from Mr Yusof as there was no other horse there. As the pressure continued she felt that a fall was inevitable. She said that she could see that Mr Yusof was having some difficulty with his mount tossing it’s head.
--Mr Moroney called Mr T Harris who was riding ROYAL DUDE and was positioned on the rails ahead of Mr Yusof. Mr Harris said that he could hear some yelling behind him. In answer to Mr Moroney’s questioning he said that his horse had come off the pace quicker than expected and had run a bit wide on the turn`.
--When asked by Mr Moroney for his interpretation of the incident Mr Yusof said that he heard Miss Collett calling but he had never tried to move in and said that when the pace dropped he clipped the heels of `the horse in front of him. This had caused the problem.
--Under further questioning Mr Yusof said that his horse was difficult to ride and that he went 3 – 4 strides with its head in the air. He didn’t realize that a different bit was being used and also said that the Spanish rings had been taken off. He said that the horse had been easier to ride with the lugging bit which had been used in previous starts,. Mr Williamson confirmed that a change of gear had been notified.
--In summing up Mr Williamson said that Mr Yusof elected to move in behind Mr Harris as the pace eased but there was no room. He said that Miss Collett had received pressure before Mr Yusof clipped heels. He did not believe that the horse’s behaviour had caused the incident.
--Mr Moroney said that it was not a matter of whether STREET LAW had caused interference but it was a case of how it was caused.
--He maintained that Mr Harris allowed his mount to move 11/2 horse widths off the rail and at the same time eased the pace. The consequences were that STREET LAW clipped heels and the resultant inwards movement caused the fall of Miss Collett. Mr Moroney also spent time explaining the difficulties with STREET LAW’S habits.
--The committee took all of the necessary time to review and give careful consideration to all of the evidence that had been presented.
--Mr Maroney made much of the wayward tendencies of STREET LAW which Mr Yusof was aware of. During this incident there was always clear room on the outside and in front. The claim that Mr Harris moved out 11/2 horses can not be substantiated.
--Although STREETLAW threw its head about no sudden or uncontrollable sideways movement was shown. The inward movement was gradual and Mr Yusof was not shown to attempt to relieve that pressure. STREET LAW clipped the heels of ROYAL DUDE because Mr Yusof allowed his mount to be in a position where this could occur.
--The committee prefers the evidence of Mr Williamson and finds Mr Yusof guilty as charged
--PENALTY: Mr Williamson gave Mr Yusof’s record of 4 charges in the previous 3 months. He said that he regarded the offence to be in the low – mid range but a rider had been dislodged He asked for a suspension of 3 – 5 weeks.
--Mr Moroney asked that any suspension start after racing on 1 June. He said that Mr Yusof was riding the stable horses in the North and South Island. He also said that there were mitigating circumstances which he had referred to earlier.
--In coming to our decision the committee has taken into account the following
-- Mr Yusof’s fair record
His future riding plans
The claimed mitigating circumstances
The degree of interference
The resultant rider dislodging
After full and careful consideration Mr Yusof is suspended from race riding beginning after the finish of racing on 1June until the finish of racing on 14 June 2009. `
D C Johnstone G Downey
Chair Committee Member
7735
Decision Date: 27/05/2009
Publish Date: 27/05/2009
JCA Decision Fields (raw)
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hearingid: 1cfe8270ba96e3d77a23f7d5c6fb717c
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 27/05/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Whangarei RC - 27 May 2009 - Race 5
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following race 5 an information was lodged by Stipendiary Steward Mr M Williamson pursuant to rule 871(1)(d) when it was alleged that STREET LAW ridden by M Yusof shifted in when not clear of SWEET SYMPHONY (N Collett) who clipped a heel and dislodged rider N Collett.
--
Following race 5 an information was lodged by Stipendiary Steward Mr M Williamson pursuant to rule 871(1)(d) when it was alleged that STREET LAW ridden by M Yusof shifted in when not clear of SWEET SYMPHONY (N Collett) who clipped a heel and dislodged rider N Collett.
--Mr Yusof was represented by Mr P Moroney and did not admit the charge.
--Mr A Coles demonstrated the video. It began as the field approached the 600 metres and continued as it turned out of the back straight.
--STREET LAW could be seen racing 1 horse width off the rail. SWEET SYMPHONY ( N Collett) was on the inner and ¾ length back with COPPER THIEF (C Ormsby) on the outside and trailing. Miss Collett could be seen to have to check her mount before clipping heels and then being dislodged. Mr Coles pointed out where, in his opinion, the film showed that Mr Yusof had caused the situation by allowing his mount to move in when not sufficiently clear of Miss Collett. He showed where, on the side on film, that she was always on his inner and entitled to be there. ROYAL DUDE was ahead and on the rails. The gap between the two horses on the rails was never big enough for Mr Yusof to move across into.
--Mr Coles agreed with Mr Moroney that STREET LAW could be seen to throw it’s head around. He said that he could see that there was some inconvenience but Mr Yusof should have turned his horse to the outer where there was some room instead of allowing it to continue its inward movement where there was no room. It was also clear in front of him.
--Mr Moroney spent some time questioning Mr Coles with the emphasis being on the racing manners of STREET LAW.
--Miss Collett said that just after the horses commenced the turn she was racing on the rails and Mr Yusof was ahead and on the outer. She was always entitled to be there. She moved up to his hind quarters and, after having a clear run for about 50 metres she started to receive pressure from the outside. She yelled out and thought that the pressure must have been coming from further out but she now realized that it was coming directly from Mr Yusof as there was no other horse there. As the pressure continued she felt that a fall was inevitable. She said that she could see that Mr Yusof was having some difficulty with his mount tossing it’s head.
--Mr Moroney called Mr T Harris who was riding ROYAL DUDE and was positioned on the rails ahead of Mr Yusof. Mr Harris said that he could hear some yelling behind him. In answer to Mr Moroney’s questioning he said that his horse had come off the pace quicker than expected and had run a bit wide on the turn`.
--When asked by Mr Moroney for his interpretation of the incident Mr Yusof said that he heard Miss Collett calling but he had never tried to move in and said that when the pace dropped he clipped the heels of `the horse in front of him. This had caused the problem.
--Under further questioning Mr Yusof said that his horse was difficult to ride and that he went 3 – 4 strides with its head in the air. He didn’t realize that a different bit was being used and also said that the Spanish rings had been taken off. He said that the horse had been easier to ride with the lugging bit which had been used in previous starts,. Mr Williamson confirmed that a change of gear had been notified.
--In summing up Mr Williamson said that Mr Yusof elected to move in behind Mr Harris as the pace eased but there was no room. He said that Miss Collett had received pressure before Mr Yusof clipped heels. He did not believe that the horse’s behaviour had caused the incident.
--Mr Moroney said that it was not a matter of whether STREET LAW had caused interference but it was a case of how it was caused.
--He maintained that Mr Harris allowed his mount to move 11/2 horse widths off the rail and at the same time eased the pace. The consequences were that STREET LAW clipped heels and the resultant inwards movement caused the fall of Miss Collett. Mr Moroney also spent time explaining the difficulties with STREET LAW’S habits.
--The committee took all of the necessary time to review and give careful consideration to all of the evidence that had been presented.
--Mr Maroney made much of the wayward tendencies of STREET LAW which Mr Yusof was aware of. During this incident there was always clear room on the outside and in front. The claim that Mr Harris moved out 11/2 horses can not be substantiated.
--Although STREETLAW threw its head about no sudden or uncontrollable sideways movement was shown. The inward movement was gradual and Mr Yusof was not shown to attempt to relieve that pressure. STREET LAW clipped the heels of ROYAL DUDE because Mr Yusof allowed his mount to be in a position where this could occur.
--The committee prefers the evidence of Mr Williamson and finds Mr Yusof guilty as charged
--PENALTY: Mr Williamson gave Mr Yusof’s record of 4 charges in the previous 3 months. He said that he regarded the offence to be in the low – mid range but a rider had been dislodged He asked for a suspension of 3 – 5 weeks.
--Mr Moroney asked that any suspension start after racing on 1 June. He said that Mr Yusof was riding the stable horses in the North and South Island. He also said that there were mitigating circumstances which he had referred to earlier.
--In coming to our decision the committee has taken into account the following
-- Mr Yusof’s fair record
His future riding plans
The claimed mitigating circumstances
The degree of interference
The resultant rider dislodging
After full and careful consideration Mr Yusof is suspended from race riding beginning after the finish of racing on 1June until the finish of racing on 14 June 2009. `
D C Johnstone G Downey
Chair Committee Member
7735
sumissionsforpenalty:
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hearing_type: Old Hearing
Rules: 871.1.d
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