Ashburton RC 14 March 2024 – R9 – Terry Moseley

BACKGROUND

Following the running of Race 9, Farm Source 1600 Metres, Class A Jockey, Terry Moseley, admitted a breach of Rule 636(1)(d) in that, as the Rider of FINGERPRINTED in the Race, he “failed to ride his mount out fully to the finish when a reasonable chance of finishing in fourth placing”.

Rule 636 provides as follows:

(1)  A person:

 (d)being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a   position for which there is prize money to be awarded or a dividend to be declared.

EVIDENCE

Stipendiary Steward, Veronica Algar, had Stipendiary Steward, Mark Davidson, show a video replay of the final stages of the 1600 metres race. Mr Davidson pointed out FINGERPRINTED, ridden by the Respondent, being urged along and racing in clear 4^th position. He said that Stewards were alleging that approximately “two and a half strides” before the finishing line, the Respondent sat up in the saddle. THE ARCTIC BLAST, finishing wider on the track, just got up to finish 4^th, Mr Davidson said, the margin back to FINGERPRINTED in 5^th placing being a nose.

The Respondent said that he had misjudged it by “about two strides”. He admitted that he was at fault.

DECISION

The breach having been admitted, it is deemed proved.

SUBMISSIONS FOR PENALTY

Ms Algar said that the Respondent has a previous breach of the Rule on his record in the last 12 months – on 6 May 2023, failing to ride his mount out for 5th placing, fined $350. She referred to the Penalty Guide starting point for failing to ride out for 4^th, which is a 2-week suspension.

The Respondent has rides on Sunday, 17 March, at Wingatui and sought a deferment accordingly. He referred to his early guilty plea.

REASONS FOR PENALTY

The Adjudicative Committee noted the RIB Thoroughbred Racing Penalty Guide (February 2023) suggested starting point for failing to ride out involving 4^th placing – a 2 week suspension.

In this case, a 2-week suspension would amount to 6 national riding days. The 2 weeks suggested in the Penalty Guide is a starting point only and, as such, can be adjusted up or down according to the particular circumstances. In this case, the Respondent has made a very frank admission. He has only failed to ride out for the last couple strides, and his mount has lost 4^th placing by a nose to a runner finishing much wider on the track. It was, in effect, a slight but unfortunate misjudgment on the part of the Respondent. These are all factors which the Adjudicative Committee has taken into account in deciding penalty.

The Adjudicative Committee has not regarded the previous breach, in May of last year, as an aggravating factor. It did not involve the loss of a dividend-bearing placing and, also, it was almost 10 months ago.

The Adjudicative Committee has decided that, from the 2-weeks (or 6-days) suspension starting point, a discount is appropriate for the factors mentioned. That discount will be 1 day.

CONCLUSION:

Class A Jockey, Terry Moseley’s Licence to ride in races is suspended from after the close of racing on 17 March 2024 up to and including 27 March 2024 – 5 national riding days.