Gore RC 23 October 2024 – R6 – Terry Moseley

Mr Davidson alleged that Mr Moseley struck his mount RADIANT ROSIE with the whip above shoulder height on at least two occasions over the concluding stages of Race 6.

Mr Davidson demonstrated on the videos that Mr Moseley used his whip above shoulder height on his mount on three occasions in the home straight.

Mr Moseley agreed he had, but wondered aloud whether it was two or three times. He said it was a fine line. He was not aware at the time that his whip action was too high, and he thought he was trying too hard to be competitive.

Mr Davidson agreed it was a fine line, but the Rule had to be applied.

Decision

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

Submissions as to Penalty

Mr Davidson produced the Respondent’s record which showed no breaches of this Rule in the past 12 months. Mr Moseley had been warned with respect to this Rule on 24 August last at Riccarton. He described Mr Moseley as a busy Rider with a good record. Mr Moseley has had 98 rides since the warning. Mr Davidson believed the breach was at the lower end.

Mr Moseley accepted Mr Davidson’s submissions.

Reasons for Penalty

Mr Moseley has used his whip above shoulder height on at least two occasions. The breach is low end. The Penalty Guide does not provide a starting point for this breach. Penalties have been in the vicinity of $250 for a first breach.

Mr Moseley is a busy Rider with a good record. A fine at this level is appropriate.

Conclusion

Mr Moseley is fined the sum of $250.