Ashburton RC 16 October 2021 – R4 – Terry Moseley

ID: RIB5295

Respondent(s):
Terry Moseley - Jockey

Applicant:
Mark Davidson, Stipendiary Steward

Adjudicators:
Russell McKenzie

Persons Present:
Nigel McIntyre - Manager of Stewards, Kin Kwo - Rider of PAMIR

Information Number:
A15872

Decision Type:
Adjudicative Decision

Charge:
Careless Riding

Rule(s):
638(1)(d)

Plea:
Not Admitted

Animal Name:
Moiras Town

Code:
Thoroughbred

Race Date:
16/10/2021

Race Club:
Ashburton Racing Club

Race Location:
Ashburton Racecourse - Racecourse Road, Ashburton, 7700

Race Number:
R4

Hearing Date:
16/10/2021

Hearing Location:
Ashburton Racecourse, Ashburton

Outcome: Proved

Penalty: Jockey Terry Moseley suspended 5 days

SUMMARY OF FACTS:

Following Race 4, Norm & Leanne Stewart 2200m, Jockey Terry Moseley was charged with careless riding in that, as the Rider of MOIRAS TOWN in the race, he permitted his mount to shift inwards when not sufficiently clear of PAMIR (Kin Kwo) which was dictated inwards and onto ZAKUNDA (Samantha Wynne) and STOP MAKING SENSE (Bridget Grylls) near the 200 metres.

EVIDENCE:

Mr Davidson had Manager of Stewards, Mr Nigel McIntyre, show video replays of the final 300 metres of the race. He pointed out MOIRA’S TOWN, ridden by Mr Moseley and PAMIR ridden by Kin Kwo, on its inside, nearing the 200 metres. Mr McIntyre showed that MOIRAS TOWN initially moved away from PAMIR and forced runners to its outside wider. He then pointed out that there was then a clear gap between the two horses prior to Mr Moseley going for his horse as it was shifting ground into the direct line of Mr Kwo. The Riders of the runners behind, ZAKUNDA and STOP MAKING SENSE, had to take hold of their mounts. There had been clear and unobstructed runs for those three runners until Mr Moseley’s mount shifted in when he struck it with the whip. He was already in the path of Mr Kwo when he went back to the rein and dictated those three runners inwards. Mr McIntyre submitted that Mr Moseley was probably only his bare length clear.

Mr Kwo was called to give evidence to the hearing. Mr Davidson showed him a head-on video replay and asked him to confirm that his mount had an unobstructed run. Mr Kwo said that his mount was laying in when Mr Moseley crossed him and his mount shied away. Asked by Mr Davidson, he  said that he actually had to grab hold of his mount. Mr Moseley’s mount was “not 2 lengths” clear, but the horses had not touched, Mr Kwo said. He confirmed that Mr Moseley had “dictated” him in. At that point, Mr Kwo said, the two Riders inside him were in trouble and he was not in a position to relieve the pressure. It would have been dangerous to come across heels to avoid Mr Moseley, he said. Mr Moseley did not have any questions for Mr Kwo.

Mr Moseley, using the video replays, said that his mount, normally a back runner, had raced a bit handier today. It had got to the front “a fraction soon”. PAMIR rolled out which unbalanced his mount, he said. He had straightened his mount, but it “wandered”, as it had hit the front too soon. He pointed to the runners on the inside and submitted that Miss Wynne (ZAKUNDA) had already been contacted. He submitted that the damage had already been done on the inside. He  did  not deny that he had moved, and was not 2 lengths clear but, he repeated, the damage had already been done. He submitted that Ms Wynne had plenty of time to get in the gap, but her mount was not travelling well enough. There was movement all round, he said, and Mr Kwo had admitted that his mount had been laying in and that Mr Moseley “may” have influenced it.

Mr Moseley then referred to  the side-on video and submitted that, looking at the shadows on the track, there was always “daylight” between the two horses’ shadows. He had not dictated Mr Kwo’s mount although he may not have been 2 lengths clear. Mr Kwo’s mount may have run away, he submitted.  It was not a clear-cut case, he submitted  There had been movement from both sides. He had only hit his horse twice before putting the whip away, but he admitted he had hit it at a bad time.

In  summation, Mr Davidson said that the inwards movement had come from Mr Moseley. He admitted that it had got tight, but there still was a gap between JACK KNOWS BEST and STOP MAKING SENSE. Mr Moseley was not quite clear of Mr Kwo and the crucial evidence was that Mr Kwo was unable to relieve any pressure to the two runners on his inside, he said. Mr Moseley was shifting ground and Mr Kwo’s evidence was that Mr Moseley was not clear. There was some movement from the inside, Mr Davidson conceded, but the two runners had been tightened from their outside, before that movement from the inside.

Mr Moseley, in closing, said that he may have contributed to the incident although he did not believe that he had ridden carelessly.

DECISION:

The charge was found proved.

REASONS FOR DECISION:

Mr Moseley, after being taken outwards briefly earlier in the straight by Mr Kwo’s mount PAMIR, had balanced his mount and commenced riding it forward. The head-on video replay clearly shows an inwards movement. Mr Kwo said that his mount had an unobstructed run at that stage and this was supported by the head-on video replay. Initially, he said, it shied away from Mr Moseley’s mount but, questioned by Mr Davidson, he said that Mr Moseley when less than 2 lengths clear had dictated him inwards, but with no contact. He stated that had put the two Riders on his inside, Ms Wynne and Ms Grylls, in trouble, with him unable to safely relieve the pressure on them.

It is clear that there was some movement from the inside, which may have made the incident look worse than it was, but the Adjudicator accepts the evidence of the Stewards that this occurred subsequent to the incident which is the subject of this charge.

The Adjudicator is satisfied, therefore, to the required standard, that Mr Moseley has ridden carelessly on this occasion. He has changed ground while riding his mount forward, when not the required own length and another length clear and, in doing so, dictated Mr Kwo’s mount inwards, causing checks to two other runners.

SUBMISSIONS FOR PENALTY:

Mr Davidson told the hearing that Mr Moseley has an excellent record. His one suspension in the last 12 months was on 26 October 2020 at Winton (4 days suspension for a low-range breach). He has had 450 rides since that charge. This good record should be taken into account, Mr Davidson said.

Mr Davidson said that there was a lot going on in the race at the time and Stewards saw the breach as being in the low-to-mid range, with credit for his excellent record.

Mr Moseley submitted that the breach was low-end and there were contributing factors. His record was a good one, he said.  He sought a 7-days deferment until after racing at Riccarton on 23rd October.

REASON FOR PENALTY:

The Adjudicator assesses the level of seriousness as being in the low-to-mid range, for which the NZTR Revised Penalty Guidelines provide a starting point of a 6-days suspension. There were no significant aggravating factors. A strong mitigating factor is Mr Moseley’s excellent record under the Careless Riding Rule – 450 rides since the previous breach almost 12 months ago. That warrants a 1-day discount from the starting point.

CONCLUSIONS:

Jockey Terry’s Moseley’s Class A Licence is suspended for 5 national riding days from after racing on 23 October up to and including 29 October 2021.

Decision Date: 16/10/2021

Publish Date: 19/10/2021