Ashburton RC 7 July 2022 – R3 – Terry Moseley

BACKGROUND:

Following the running of Race 3, Gary McCormick Transport Maiden 1400, the Respondent Class A Rider Terry Moseley, admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d). The Information alleged that, as the Rider of VICTOR ROUGE in the race, he permitted his mount to shift inwards when not sufficiently clear of BRANCASTER BOMBER (Wesley Papier) which clipped a heel and fell near the 1100 metres with DEVIL IN DISGUISE (Shankar Muniandy) and LIT’L ROCK (Corey Campbell) also dislodging their Riders as a result.

The Respondent acknowledged that he understood the Rule and confirmed his admission of the breach.

Rule 638(d)(i) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee  considers to be careless. 

EVIDENCE:

Mr Davidson had Chief Stipendiary Steward, John Oatham, demonstrate the incident, shortly after the start of the 1400 metre race, on head-on and side-on video replays. He pointed out VICTOR ROUGE, ridden by the Respondent, BRANCASTER BOMBER which fell, ridden by Wesley Papier, to the inside of Mr Moseley’s mount, and one other runner losing its Rider and another being brought down.

Initially, Mr Papier had settled in behind CORA LEE (Rohan Mudhoo) which went forward, Mr Oatham said. Mr Papier did shift out slightly towards the heels of Mr Moseley’s mount. From that point, Mr Moseley did shift in, not a “massive shift”, into Mr Papier’s  line, and managed to get in front of him, Mr Oatham said, but Mr Papier’s mount clipped heels and fell. Mr Moseley did not quite clear him, Mr Oatham said.

On the side-on video replay, which was shown to the hearing, it was difficult to see exactly how far clear the Respondent was at the point he shifted in, but it was not the required own length and another length clear, Mr Oatham submitted.  Mr Papier’s mount was inexperienced (having only its second start) and Mr Papier is an Apprentice Rider and may not have read the situation as well as a more Senior Rider may have done. Mr Moseley was unfortunate in the circumstances, Mr Oatham said.

The Respondent pointed out on the replay that, early on, Mr Papier had shifted onto the back of CORA LEE and he had come across with him. He suggested that Mr Papier may have been having difficulty and had moved out. The Respondent submitted that he, himself, had moved in a fraction. He submitted that a more Senior Rider than Mr Papier may have been able to read the situation better. He submitted that his own movement was “not a lot”. Finally, Mr Moseley said, he felt that he was a little unlucky, but accepted that he was not sufficiently clear.

Mr Davidson said that Mr Papier was always there, and the Respondent had not cleared him at any stage, and hence the charge.

DECISION:

As the Respondent has admitted the breach, the Adjudicative Committee finds the breach proved.

SUBMISSIONS FOR PENALTY:

Mr Davidson said that Mr Moseley’s record showed three previous breaches of the Careless Riding Rule – at Ashburton on  16 October 2021 (low-mid, 5 days), at Beaumont on 21 March 2022 (low, 4 days) and at Waimate on 12 June 2022 (low-mid, 5 days). Mr Moseley is a Senior Rider and has had 485 rides in the last 12 months, Mr Davidson said.

The Penalty Guide starting point for careless riding causing a fall is a 4-weeks suspension, Mr Davidson said. Any term of suspension needs to be in that “ballpark”, he said, but consideration need to be given to the fact that both Mr Papier and his mount were inexperienced. None of the fallen Riders had suffered serious injuries, he said.

Mr Moseley did not seek a deferment.

REASONS FOR PENALTY:

This breach can be described as a low-level breach with high-level consequences. The Adjudicative Committee agrees with the point made by both the Respondent and Mr Davidson that a more experienced Rider than Mr Papier may have been able to possibly avoid this incident. This is not to say that it was in any way Mr Papier’s fault. At the end of the day, it was Mr Moseley’s carelessness, which he has admitted, in shifting his mount in when not sufficiently clear of Mr Papier that has resulted in this incident. However, the Adjudicative Committee believes that this can be regarded as a mitigating factor, making the degree of carelessness mid-level at worst. Fortunately, it seems that none of the three Jockeys has sustained serious injuries.

The Respondent has been very frank in his admission  of the breach and has accepted responsibility for the consequences of his carelessness. This is a significant mitigating factor which, in the final analysis, has moved the Adjudicative Committee not to uplift the Penalty Guide starting point. In addition, Mr Moseley’s record is a good one.

After giving due consideration to the matter of penalty and the factors referred to, the Adjudicative Committee considers that penalty can adequately and fairly be dealt with by imposition of a suspension for a period of 4 weeks.

CONCLUSION:

The Respondent, Class A Jockey Terry Moseley, is suspended for 4 weeks commencing after racing on 7 July 2022, up to and including 3 August 2022.