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South Canterbury RC 9 October 2020 - R 6 - Chair, Mr S Ching

Created on 12 October 2020

Rules:
638(1)(d)
Committee:
SChing (chair)
Name(s):
Mr T Moseley - Class A Rider
Mr N McIntyre - General Manager of Stewards
Informant
Mr M Davidson – Stipendiary Steward
Information Number
A11893
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of Race 6, the Supreme Equine Feeds & Night N Day Park Maiden, an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Rider, Mr T Moseley, alleging careless riding in that he permitted his mount, JACK THE RIPPER, to shift inwards near the 150m checking DANNY GREEN, VAN HALEN, LITTLE JOHN and CHITTER CHAT.

Rule 638(1)(d) reads as follows;
“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless”

Mr Moseley had indicated on the Information that this breach of the Rules was admitted, which he confirmed at the hearing. Mr Moseley also acknowledged that he understood the charge and the Rule it was brought under.

Mr Davidson gave evidence and used video coverage, with the assistance of Manager of Stewards, Mr N McIntyre, to show that approaching the 150m, JACK THE RIPPER, ridden by Mr Moseley, was racing mid track with SUNNY LADY (R Cuneen), DANNY GREEN (D Johnson), VAN HALEN (R Mudhoo), LITTLE JOHN (D Bothamley) and CHITTER CHAT (R Beeharry) all racing in that order, on the inside of Mr Moseley. Mr McIntyre pointed out Mr Moseley, under a ride, shift ground inwards, when not clear, causing interference and checking to the runners on his inside as mentioned above. He said that Mr Moseley’s movement was not great, 2 horse widths, but due to the number of runners on his inner, in reasonably tight racing positions, a chain reaction of interference occurred.

Mr Moseley stated that he did not realise he had moved as much as he had but conceded he should have straightened his mount.

Decision:

As Mr Moseley had admitted the breach, the charge was found proved.

Submission For Penalty:

Mr Davidson stated that Mr Moseley’s record showed 1 previous breach being Otago on 1 February 2020 where he received a 5-day suspension for a mid-range breach. He said the Stewards considered Mr Moseley’s record to be at a good level. Mr Davidson submitted that the breach was low range with consequences in a higher range and a penalty in recognition of that level of offence be considered as penalty.

Mr Moseley, after discussion, did not make application for a deferment of penalty, opting to take any penalty immediately.

Reasons For Penalty:

This Committee agreed with Mr Davidson and assessed the carelessness at low level with the consequences being in the mid to high range. The JCA Penalty Guide provides a 6 National day starting point for a low-range breach of this Rule.

Adopting the 6 National Day starting point, we determined that there was an aggravating factor to consider, being the consequences of Mr Moseley’s carelessness, therefore an uplift warranted.
This uplift we set at 1 day. The mitigating factors are Mr Moseley’s frank admission of the breach and his relatively good record which warranted a combined discount. This discount we set at 1 day. We therefore determined that a 6 National Day suspension was an appropriate penalty in this case. 

Penalty:

Mr Moseley’s Class A Jockey licence is suspended from the conclusion of racing today 9 October up to and including 21 October 2020.

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