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Hawkes Bay RI 6 October 2012 - R 7

Created on 09 October 2012

Rules:
638(1)(d)
Committee:
NMoffatt (chair)
NMcCutcheon
Name(s):
Mr H Tinsley - Licensed Rider
Mr J Oatham - Stipendiary Steward
Informant
Mr R Neal - Stipendiary Steward
Information Number
A3477
Plea:
Admitted
Charge:

Following the running of Race 7, an Information was lodged by Mr R Neal alleging a breach of Rule 638(1) (d) in that H Tinsley permitted his mount FRITZY BOY to shift inwards near the 1300 metres when insufficiently clear of SHOWING OFF which was taken inwards crowding BABY GUINNESS onto MIKO with CAPONE being hampered.

Evidence:

The incident happened soon after the start with the head-on video providing the best view of the interference. Mr Oatham showed how Mr Tinsley moved from a position in the middle of the track inwards towards the running rail. As he moved forward and across the field he was not the required distance clear of Mr Forbes’ mount SHOWING OFF, which caused that horse to move inwards initiating a concertina effect to three inside runners. Mr Oatham said the initial interference was not great but that action affected many other runners closer to the rail.

Mr Tinsley admitted to only being 1 to 1½ lengths clear of SHOWING OFF but he said there was not much more he could do to prevent the situation unfolding. He had a horse to his outside which he was watching to make sure it didn’t take his line of running and he couldn’t go any faster on FRITZY BOY to ensure he was the required 2 lengths clear of Mr Forbes. The film showed him looking to each side trying to ensure he was clear of other runners. Mr Tinsley believed he was only "marginally careless".

Decision:

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

Submission For Penalty:

Mr Neal said Mr Tinsley had no breaches of the careless riding rule in the previous 12 months which, considering the quality and quantity of rides he has, is an excellent record. He further added that the degree of shift was towards the lower end of carelessness with all horses racing in close proximity soon after the start but the consequences had been amplified by the concertina effect. The Stewards’ submission was for a period of suspension to be determined by the Judicial Committee.

Mr Tinsley said the Stewards had fairly described the incident but reiterated he could not really have done much more to avoid what happened. He told the committee it had been over two years since he had last been suspended for careless riding.

Reasons For Penalty:

The committee took into account all of the submissions and adopted as a starting point, a period of five days suspension. We considered aggravating factors to be the Group 3 status of the race and the number of runners affected although we note Mr Tinsley’s genuine effort to clear those runners to his inside as he crossed. In our opinion this warranted an increase in penalty to 6 days. Mitigating factors were Mr Tinsley’s admission of the breach and his exceptional record for which we gave considerable credit. Balancing up all of these factors we imposed a four day suspension.

Penalty:

Mr Tinsley informed the committee of riding engagements through until Saturday October 13th and indicated he did not ride regularly in the South Island. He is suspended from the close of racing on Saturday October 13th up to and including racing on Monday October 22nd. Race days at Waimate (October 15th) and Ashburton (October 19th) were not included in the penalty.

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