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Auckland RC 1 January 2013 - R 6

Created on 04 January 2013

Rules:
638(1)(d)
Committee:
ADooley (chair)
RSeabrook
Name(s):
Mr M Du Plessis - Rider of ANGEL'S SHARE
Mr J Oatham - Stipendiary Steward
Informant
Mr R Neal - Co-Chief Stipendiary Steward
Information Number
A3255
Plea:
Admitted
Charge:

Following race 6, an information was filed pursuant to Rule 638(1)(d). The informant, Mr Neal alleged that passing the winning post on the first occasion Mr Du Plessis permitted his mount, THE DARLING ONE, to shift in when not clear of ANGLE’S SHARE which was taken in onto EMERALD QUEEN which was checked.

Evidence:

Mr Oatham demonstrated the incident by using all the available films. He pointed out to the committee that THE DARLING ONE was racing in a 4 wide position approaching the first turn. On her inside was ANGLE’S SHARE and to her inside was EMERALD QUEEN. He said as they approached the point of the first turn Mr Du Plessis angled his mount in towards the rail when not the required distance clear. This resulted in 2 runners to her inside receiving checks.

Mr Du Plessis informed the committee that he did not realise there was another horse on the inside of ANGEL’S SHARE. He said he thought he was clear so went to the rail but admitted he went a touch too soon.

Decision:

As Mr Du Plessis admitted the breach we find the charge proved.

Submission For Penalty:

Mr Neal produced Mr Du Plessis record which showed 1 previous breach under this rule in the last 12 months. He submitted the mitigating factors were his excellent record, admission of the breach and the interference did happen early in the race. The aggravating fact was the interference occurred in a Group 2 race worth $100,000. He submitted a suspension was appropriate penalty and would leave it up to the committee to determine the number of days.

In response to a question from the committee as to his riding commitments in the next 7 days, Mr Du Plessis advised us he would need to contact his manager to verify his engagements. The committee granted an adjournment to the hearing.

Upon resumption of the hearing, Mr Du Plessis, submitted that his manager had taken rides up to and including 3rd January. He requested his proposed suspension start after racing on that day. Mr Du Plessis confirmed he was not intending to ride at Reefton on 9th January.

Reasons For Penalty:

The committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Mr Du Plessis admission of the breach and his excellent record for a busy rider. However, this has to be balanced against the aggravating facts, we assess the carelessness as mid range and the status of the race was a Group 2 worth $100,000. Taking into account all the above factors we believe an appropriate penalty is 5 days.

Penalty:

We grant Mr Du Plessis request to seek a deferment to his suspension as per Rule 1106(2)

Accordingly, we impose a suspension on Mr Du Plessis which will commence after racing on 3rd January and conclude after racing on 11th January 2013 (5 days).

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