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07 Sep 2019
Canterbury-Jc - R8

Canterbury JC 7 September 2019 - R 8 - Chair, Mr R McKenzie

Created on 11 September 2019

Rules:
638(3)(b)(2)
Committee:
RMcKenzie (chair)
DAnderson
Name(s):
T R Moseley
Licensed Jockey (Class A)
Mr M Davidson - Stipendiary Steward
Informant
J M McLaughlin
Stipendiary Steward
Information Number
A11461
Plea:
Admitted
Charge:
Excessive Use of Whip
Evidence:

Following the running of Race 8, Christchurch Casino Open Handicap, an information was filed by Stipendiary Steward, Mr J M McLaughlin, against Licensed Jockey (Class A), Mr T R Moseley, alleging that Mr Moseley, as the rider of NOMEN LUDI in the race, “used his whip excessively on his mount NOMEN LUDI”.

Mr Moseley was present at the hearing of the information and he indicated that he understood the charge and that he admitted the breach.

Rule 638 provides as follows:

(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive

The “Guidelines With Respect to Acceptable Use of the Whip” provide as follows:

Without affecting the generality of Rule 638(3)(b) a rider may be penalised if their whip use is outside of the following guidelines:

Inside the final 600 metres of any Race, official trial or jump-out a horse may be struck with the drawn whip up to five times after which the rider must cease their use of the whip for a minimum of five strides before striking the horse again with the drawn whip, with this restriction to apply prior to the final 100 metres. The whip may then be used at the rider’s discretion until the winning post is reached. Prior to the final 600 metres of a race, official trial or jump-out the use of the drawn whip is acceptable if used in moderation and not continually.

Mr McLaughlin had Stipendiary Steward, Mr M R Davidson, take the hearing through the video evidence. Mr Davidson pointed out Mr Moseley, riding NOMEN LUDI, nearest the rail and leading the field of seven runners turning into the home straight. Mr Davidson alleged that Mr Moseley had used his whip on eight occasions from about the 200 metres to the 100 metres. The whip use was not continuous, Mr Davidson said, but there was not the required respite of five strides.

Mr Moseley said that he had tried to break up his use of the whip and, at the time, he believed his whip use was within the guidelines.

Decision:

Mr Moseley has admitted the breach and, accordingly, the charge is found proved.

Submission For Penalty:

Mr McLaughlin said that Mr Moseley’s record shows a suspension for a breach of the rule on 1 November 2018 at Gore (5 days) and, on 25 March 2019 at Wingatui, he received a $500 fine. Stewards saw the breach as being dealt with by a term of suspension. Taking into account the aggravating factor that Mr Moseley had gone on to win the race, Stewards were submitting that a term of suspension of around 7 days was appropriate.

Mr Moseley asked the Committee to have regard to his early admission of the breach and the fact that he had tried to break up his whip use. After a discussion, Mr Moseley indicated that he did not seek a deferment of any term of suspension. 

Reasons For Penalty:

The appropriate Penalty Guide starting point in this case is a 6-8 national riding days suspension. The Committee assesses the breach as being mid-range after considering the aggravating factor referred to by Mr McLaughlin and the fact that Mr Moseley had broken up his whip use. For a mid-range breach, after a consideration of aggravating and mitigating factors, the appropriate penalty is a 7 days’ suspension.

Penalty:

Mr Moseley’s Jockey’s Licence (Class A) is suspended from after the close of racing on Saturday, 7 September 2019, up to and including 20 September 2019 – 7 national riding days.

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