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Otaki-Maori RC 23 February 2013 - R 5

Created on 25 February 2013

Rules:
638(1)(d)
Committee:
PWilliams (chair)
NMoffatt
Name(s):
Mr D Walsh - Licensed Jockey
Mr M Zarb - Stipendiary Steward
Mr G Whiterod - Stipendiary Steward
Informant
Mr N Goodwin - Stipendiary Steward
Information Number
A3119
Plea:
Admitted
Charge:

Careless Riding.

Evidence:

Following the running of race 5, information A3119 was filed by Stipendiary Steward Mr N Goodwin under rule 638(1)(d). The information stated “that D Walsh (Miss Ana) allowed his mount to shift inwards near the 300m tightening “Prepared” (L Allpress) and “Jilted” (H Tinsley). Mr Walsh signed the information admitting the breach and at the beginning of the hearing confirmed that was correct and also that he understood the rule under which he was charged.

Rule 638 (1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”.

Submission For Decision:

Mr Goodwin asked Mr Zarb to identify the three horses involved in the incident. He identified Mr Tinsley on “Jilted” travelling on the rail with “Prepared” and Mrs Allpress to his outside and to her outside Mr Walsh on “Miss Ana”. Mr Zarb said that near the 300m mark Mr Walsh moved in approximately three quarters to one horse width and bumped “Prepared” which in turn caused tightening to “Jilted”. Mr Zarb said that Mr Walsh had plenty of time to relieve the pressure on Mrs Allpress but he hadn’t and as a result the tightening to both Mrs Allpress and Mr Tinsley had occurred. He pointed out that “Jilted” did recover from the incident and go on to run third.

Mr Walsh said that at the time he made contact with Mrs Allpress’ horse it was weakening and as a result the incident looked worse than it was. He asked if he could call Mrs Allpress as a witness to get confirmation that her horse was beginning to weaken and had come to the end of its run. The Committee indicated they had no issues with the request, however, Mr Goodwin indicated he agreed Mrs Allpress’ mount was beaten at the time and Mr Walsh did not need to call her to confirm that. Mr Walsh said he was happy to accept that the Stipendiary Stewards agreed with him and confirmed he did not need to call her as a witness.

Mr Walsh agreed he had moved in but reiterated that the incident looked worse that it was because “Prepared” was a beaten horse and going backwards and had overreacted to the contact made with his horse “Miss Ana”. He believed “Jilted” was in a tight position before contact was made and struggling to get a run but had not made contact with the running rail. He also pointed out that even though there was contact between “Prepared” and “Jilted” Mr Tinsley had been able to get out, balance up and run on for third.

Decision:

As Mr Walsh admitted the breach the charge was found proved.

Submission For Penalty:

Mr Goodwin said Mr Walsh was a busy national rider who had not previously breached this Rule in the current season. He said the Stipendiary Stewards assessed the severity of the interference in the mid range because he had allowed his horse to move in under pressure and had not taken sufficient action to straighten it. He said the Stewards were aware the starting point for a breach of this Rule was a 5 day penalty and he submitted a suspension of 4 riding days was an appropriate penalty in this case.

Mr Walsh said he had an excellent riding record and was a clean and fair rider who was often asked to assist Apprentice Jockeys in their race day dealings with the Stipendiary Stewards. He submitted that he should be given a 2 day reduction because of his good record and the fact he had admitted the breach at the earliest opportunity. He asked for any suspension to commence after next Saturday’s races at Hawkes Bay.

Reasons For Penalty:

The Committee has reviewed the head-on, side and rear view films of the incident and taken into account the submissions of both parties. The films clearly show, and it has not been disputed, that Mr Walsh moved in approximately 1 horse width near the 300m mark and in doing so tightened and bumped Mrs Allpress into Mr Tinsley. The interference to Mr Tinsley was not insignificant. The Committee has noted the Stipendiary Stewards agreed with Mr Walsh that Mrs Allpress’ mount was starting to weaken at the time of the tightening but nevertheless she was denied her rightful line of running as also was Mr Tinsley as a result of the consequential tightening he received. Safety is of paramount importance during the running of a race and it was fortunate that Mr Tinsley’s mount did not make contact with the running rail although its legs got very close to it during the incident.

We believe the severity of the incident is in the mid range because two horses have been affected. The interference caused must be reflected in an appropriate penalty which we have decided is a period of suspension. Mr Walsh’s request for a deferral of the suspension is agreed to in terms of Rule 1106(2).

From a starting point of 5 days we have added on 1 day because the interference has been to two horses which has caused their riders to lose their rightful line of running. In mitigation we have taken into account Mr Walsh’s excellent riding record throughout the country over the past 12 months and his admittance of the breach and are prepared to reduce the suspension from 6 days to 4.

Penalty:

Mr Walsh is suspended for 4 riding days from the close of racing on Saturday 02 March 2013 to the close of racing on Thursday 7 March 2013 – the 4 days being Otago (03 March), Waikato (04 March), Auckland (06 March) and Canterbury (07 March).

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