Kumara RC 11 January 2025 – R1 – Terry Moseley

Evidence:

Following the running of Race 1, 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 GIUSSEPE FERRANTE “he allowed his mount to shift ground inwards passing the 50m checking FUN TEST (A Comignaghi)”. 

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

Rule 638(1)(d) provides: A Rider shall not ride a horse in a manner which the Adjudicative Committee considers to be careless.

Using the available race films, Stipendiary Steward Mark Davidson, with the assistance of Stipendiary Steward Rebecca Haley, demonstrated the incident and identified the horses and Riders concerned. Ms Haley pointed out Mr Moseley, riding GIUSSEPE FERRANTE, racing wide on the track with FUN TEST, ridden by A Comignaghi, racing inside Mr Moseley and BAX FACTOR, ridden by Amber Riddell, racing to the inside of both runners, approaching the 50m. The replays showed Mr Moseley riding out his mount and near the 50m, shift in when not clear of Ms Comignaghi, who had to check. Ms Haley showed some outward movement from the inside runner, BAX FACTOR, which she said contributed to the incident, however the majority of the movement was from Mr Moseley. Mr Davidson stated that the check to BAX FACTOR, cost that horse the chance to finish in 3rd placing.

In response, Mr Moseley stated that his horse was inexperienced, having only its second start, had run wider than expected on the home turn and raced greenly in the straight. He added that the outward movement from BAX FACTOR had contributed to the incident, but conceded he was not clear of FUN TEST when shifting in.

Decision:

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

Submissions for Penalty:

Stipendiary Steward Mr Davidson produced the Respondent Mr Moseley’s riding record, which indicated a clear record over the previous 12 months. He stated that Mr Moseley has had 231 rides so far this season and his record could be described as excellent.

Stipendiary Steward Mr Davidson said Stewards assessed the level of carelessness to be in the  low-range and submitted a starting point as per the Penalty Guide of a 5 day suspension. He added that Mr Moseley’s excellent record, frank admission of the breach, the inexperienced horse and outward movement to a degree, by the inside horse’s contribution to the incident, should be taken into consideration. He added that the consequences of the incident where FUN TEST’s chances to finish in 3rd placed were affected, also needed to be taken into consideration.

The Respondent advised of riding engagements through until 18 January 2025 at Wingatui and sought a deferment to any proposed suspension.

In terms of any proposed penalty, the Respondent elected to make no submissions, apart from seeking a deferment until after racing on 18 January 2025 at Wingatui.

Reasons for Penalty: 

After considering all submissions, the Adjudicative Committee agreed with the Stewards and determined that Mr Moseley’s carelessness to be in the low range and accordingly, adopted a 5-day suspension as the starting point. This conforms with the NZTR Penalty Guide.

After taking into consideration all factors, including Mr Moseley’s excellent record, the inexperience of his mount (with it only having its second start), the contribution to the incident by the inside runner BAX FACTOR, balanced against the consequences to FUN TEST, whose chances of finishing in 3rd placed were affected, it was therefore determined that a 4 day suspension was an appropriate penalty in this case.

Conclusion:

The Respondent’s request for a deferment is granted until after racing at Wingatui on 18 January 2025 and his Licence to ride in races is suspended for a period of 4 National Days, commencing after racing on 18 January 2025 and concluding after racing on 23 January 2025.