Riverton RC 2 November 2025 – R7 – Terry Moseley

BACKGROUND

Following the running of Race 7, Class A Rider Terry Moseley admitted a charge of using the whip forward of the saddle in the forehand position. The particulars of the charge were that Mr Moseley allegedly struck his mount, OMINOUS, forward of the saddle in the forehand position on one occasion.

Rule 638(3)(f) provides that, in a Flat Race or Trial, a Rider must not use their or her whip:

(xi) forward of the Rider’s saddle whilst the whip is held in the forehand position.

At the start of the hearing, Mr Moseley confirmed his knowledge of the Rule and admission of the breach.

EVIDENCE

Mr Davidson used the available race videos to identify the Respondent in contention for a minor placing passing the 100 metre mark. The zoom technology isolated a single forehand use of the whip by Mr Moseley in front of the saddle, to the shoulder of OMINOUS, just before the finish line.

OMINOUS ran second, beaten a half-length.

Mr Moseley said he realised he was in breach of the Rule as he was delivering his last whip strike, and tried to pull out of it. Knowing he had contacted the shoulder, he went to Stewards to alert them and accept his mistake.

He characterised the whip use in question as more of a “touch” to the shoulder.

DECISION

As Mr Moseley has admitted the breach, it is found to be proved.

SUBMISSIONS FOR PENALTY

Mr Davidson advised that Mr Moseley had been warned under this sub-section of the Rule on 24 September 2025.

The New Zealand Thoroughbred Racing Penalty Guide provided a starting point of a $300 fine for a first breach of this sub-section of the Whip Rules.

Three precedents involving whip use forward of the saddle in the forehand position were referenced by Mr Davidson:

*Masa Hashizume (22 February 2025) – $400 fine for 1 strike (uplifted from $300 starting point to reflect Group 2 Race)

*Leah Hemi (3 May 2025) – $300 for 2 strikes

*Brett Murray (5 September 2025) – $300 for 2 strikes.

Stewards were unable to find any precedent involving a single such strike, which was the extent of the breach here, Mr Davidson said. The Adjudicative Committee might wish to consider a reduction in penalty when considering the previous breaches that attracted $300 fines each involved two strikes, he added.

On the matter of penalty, Mr Moseley reiterated that he had proactively brought the breach to the attention of Stewards. Credit should be given for this, he said. He believed a fine of some $200 would be a fair outcome.

Mr Davidson said the fact that Mr Moseley had “dobbed himself in” spoke highly of his integrity and could be considered a mitigating factor, despite the probability Stewards would have identified the whip use in breach.

REASONS FOR PENALTY

The video evidence demonstrates a single forehand use of the whip by the Respondent forward of the shoulder which appears to be relatively light. The footage supports Mr Moseley’s submission that he realised his mistake midway through his action and tried to pull out of it. The whip does connect, however, and Mr Moseley is in breach of the Rule.

Two of the precedents referenced by Stewards involve $300 fines, each for two offending strikes. This is the starting point in the Penalty Guide.

The Adjudicative Committee adopts the starting point of a $300 fine. There are no aggravating factors. Mitigation applies with respect to there being only one offending strike, and with regard to Mr Moseley proactively bringing the matter to Stewards. This speaks highly of his integrity. Together, the mitigating factors warrant a $50 reduction from the starting point.

CONCLUSION

Class A Rider Terry Moseley is fined $250.