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Hawkes Bay RI 29 January 2015 - R 4

Created on 02 February 2015

Rules:
638(1)(d)
Committee:
NMoffatt (chair)
TCastles
Name(s):
Mr J Gracioso - Licensed Rider
Mr S Alexander - Representative for Temperton Stable
Mr G Whiterod - Stipendiary Steward
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
A6793
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of Race 4, the Waimea Nurseries 3YO Sprint, an Information was lodged by Mr N Goodwin alleging a breach of Rule 638(1) (d) in that Mr Gracioso allowed his mount to shift in with approximately 150 metres to run and caused checks to POP HIT and DAL DUNVEGAN.

Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

When questioned by the Committee Mr Gracioso acknowledged he understood the nature of the rule and confirmed he admitted the breach. Mr Alexander, who is the employer of Mr Gracioso, was present to help as English is not Mr Gracioso’s first language.

Mr Whitrod explained the incident using the available films. The head –on showed Mr Gracioso (NOM DE BEEL) racing in a midfield position four off the fence. Back and to his inside, the horses affected were POP HIT and DAL DUNVEGAN. Mr Gracioso was having some difficulty maintaining a straight line with his mount. One two occasions, when his horse ran inwards, he straightened it up without causing any interference however on the final occasion he caused considerable interference to the two horses behind him on the rail. Any action he took was far too late to be effective. Both the riders had to take a hold and were checked sharply backwards.

Mr Grasioso said that when he used the whip NOM DE BEEL ran inwards. He made the mistake of thinking he was clear because there was a gap to his inside but unfortunately he was not aware of the horses racing behind him.

Decision:

As Mr Gracioso admitted the breach we found the charge proved.

Submission For Penalty:

Mr Goodwin submitted that Mr Gracioso was not an inexperienced rider having had 500 rides in the Philippines for 35 wins. The stewards would have expected him to have recognised the horse’s tendency to run away from the whip after NOM DE BEEL ran inwards on the first occasion the whip was used. Mr Goodwin conceded that Mr Gracioso’s mount was a difficult ride however Mr Gracioso did not appear to have very good control allowing NOM DE BEEL to continuously move in and then being slow to correct its line of running.

Mr Goodwin said Mr Gracioso’s record was clear since he began riding in New Zealand in August 2014.The Stewards’ submission was for a suspension in the vicinity of five days.

Mr Gracioso said he accepted the submissions of the stewards.

Reasons For Penalty:

In coming to a decision on penalty the committee took into account all of the submissions presented and adopted, as a starting point, a five day suspension. In assessing the consequences of Mr Gracioso’s inward movement we found that the two riders affected suffered quite severe interference. Both were squeezed up and buffeted against the running rail. Mitigating this was evidence produced by the stewards of the horse’s poor racing manners. We have added a day on for Mr Gracioso’s degree of carelessness taking the suspension to one of six days. Mitigating factors were Mr Gracioso’s good riding record and his admission of the breach, for which we have afforded him a one day reduction.

Accordingly we have imposed a five day suspension. It was established that Mr Gracioso rode predominantly in the Central Districts for the Temperton stable.

Penalty:

Accordingly Mr Gracioso is suspended from riding from the conclusion of racing today, Thursday January 29th, up to and including racing on Sunday February 15th. The days included in this suspension (only Central Districts dates were considered) are:

6/2/15 Wairarapa
7/2/15 Manawatu
12/2/15 Wanganui
14/2/15 Taranaki
15/2/15 Poverty Bay

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