Riccarton Park – Hororata 25 March 2023 – R1 – Terry Moseley

SUMMARY OF FACTS:

Following the running of Race 1, an Information was filed by Chief Stipendiary Steward, Mr John Oatham, against Mr Terry Moseley, alleging careless riding, in that he allowed his mount, COLOSSAL, to shift in when not clear of JUST MAYBE, who was checked near the 1000 metres.

Rule 638(1)(d) reads as follows;

“(1) A Rider shall not ride a horse in a manner which the Adjudicative 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.

SUBMISSIONS:

Mr Oatham, with the assistance of Mr Davidson, used the race films to show Ms Sutherland have to take a hold of her mount as Mr Moseley rolled to the front and began to shift in.

Mr Moseley agreed it was clear he did not leave enough room.

REASON FOR DECISION:

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

SUBMISSIONS ON PENALTY:

Mr Oatham submitted that Mr Moseley was a busy Rider who rides in both islands. Mr Oatham said Mr Moseley had two relevant prior breaches of this Rule.

• 12 June 2022 in Timaru where 5 days was imposed for a low to mid-range breach.
• 7 July 2022 in Ashburton where 4 weeks was imposed for carelessness involving a fall.

It was submitted his record was a neutral factor. Furthermore, Mr Oatham submitted that this was a minor misjudgement and should be considered as a low range breach.

Mr Moseley accepted the Stewards’ submissions on penalty. Mr Moseley did not request a deferment of penalty.

REASON FOR PENALTY:

It is agreed that this breach is low range, accordingly, the starting point adopted is a 5 day suspension. A discount of 1 day is appropriate to reflect his frank admission of the breach.

A 4 day suspension is the appropriate penalty in this case.

CONCLUSION:

Mr Moseley is suspended for 4 days from the end of racing on 25 March 2023 up to and including 2 April 2023.