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Beaumont RC 22 April 2012 - R 4

Created on 26 April 2012

Rules:
638(1)(d)
Committee:
GHall (chair)
PKnowles
Name(s):
Mr S Yusoff - Apprentice Jockey rider of PRINCESS VITAL
Mr T Moseley - Rider of TITHING
Mr P Richards - Licensed Trainer assisting Mr Yusoff
Informant
Mr M Davidson
Mr M Davidson - Stipendiary Steward
Information Number
5883
Plea:
Denied
Charge:

Mr Davidson, stipendiary steward, alleged that Mr S Yusoff allowed his mount to shift in near the 250 metres when not clear of TITHING which was checked.

Evidence:

Mr Ray, stipendiary steward, demonstrated the incident on the videos. He showed that passing the 250m PRINCESS VITAL shifted in off the heels of LOOSE GOOSE, when not clear, resulting in TITHING having to be checked. He said the pressure on Mr Moseley was from PRINCESS VITAL and that TITHING was keeping a straight course.

Mr Davidson called Mr Moseley, the rider of TITHING, who said he had cruised up and was changing his whip hand when his horse started coming to the end of its run. He came under pressure from his outside and had to take hold of his mount for a stride or 2. He said he had maintained a straight line. He said he thought at the time that Mr Johnson, who was racing on his inner, had come out a little and that there was pressure from both sides. He was calling for room. In response to questioning by Mr Richards, Mr Moseley said after viewing the videos he now believed Mr Johnson had moved out earlier and that the pressure was solely from the respondent on his outside.

Submission For Decision:

Mr Richards said that Mr Moseley’s mount had shifted out a little when Mr Moseley had changed the stick. He said this had given the impression for a stride or two to Mr Yusoff that there was a gap. He accepted Mr Yusoff had moved in slightly but Mr Johnson had also moved out and Mr Moseley had become “the meat in the sandwich”.

Mr Davidson in reply stated that Mr Moseley was entitled to be where he was. Mr Yusoff was looking for a run on the inside of LOOSE GOOSE. He was never clear of Mr Moseley, who had had to check. Although Mr Johnson had moved out, this was only to a position parallel with Mr Moseley. 

Reasons For Decision:

We are satisfied that Mr Yusoff has shifted in and taken the line of Mr Moseley when not his length and another clear. Mr Moseley’s evidence is clear that Mr Yusoff has placed pressure on him when the respondent was only ½ to ¾ of a length clear at best. From our observation of the side-on video, we believe ½ a length is the more accurate description.

It is accepted that Mr Johnson moves out slightly immediately prior to the incident but he never comes into the running line of Mr Moseley. TITHING does shift in slightly when Mr Moseley changes his stick hand and the horse comes under pressure. This may have created the illusion in Mr Yusoff’s mind that there was a run on the inside of LOOSE GOOSE. But in our view there was never a run for him and, in shifting in when not clear of Mr Moseley, he is in breach of the rule. 

Decision:

We find the charge proved.

Submission For Penalty:

Mr Davidson described the breach as being at the low end of the scale of carelessness. He produced the respondent’s record, which was clear. He submitted 2 to 3 days suspension was appropriate.

Mr Richards agreed with Mr Davidson’s description of the breach and emphasised this was the first time Mr Yusoff had been in the room. 

Reasons For Penalty:

We agree the breach is correctly placed as being at the low end of the scale of careless riding. There are mitigating factors with respect to the breach itself. In addition, Mr Yusoff has had some 70 rides and this is his first breach of any rule. 

Penalty:

From a 5 day starting point, we give weight to these factors and reduce the suspension by 3 days, reaching a penalty of 2 days suspension. Mr Yusoff is suspended from the end of racing today up to and including the 29 April. This is 2 South Island days.

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