R Tauranga 7 July 2024 – R5 – Triston Moodley

Evidence:

This charge arises from the running of Race 5.  Mrs Lauren Selvakumaran filed an Information pursuant to Rule 638(1)(d) alleging the Rider of ROSINA (T Moodley), “allowed his mount to shift in when not sufficiently clear, dictating PROCELLA (W Kennedy) into the line of SHELYS LAST DOLLAR (R Goyaram), which had to be checked near the 1800 metres”.

Apprentice Rider Mr Moodley acknowledged that he understood the Rule and confirmed his admission of the breach. His Employer, Mr D Walker, assisted Mr Moodley during the hearing.

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, Chief Stipendiary Steward Mr John Oatham demonstrated the incident and identified the horses and Riders concerned; namely ROSINA (T Moodley), PROCELLA (Mr Kennedy) and SHELYS LAST DOLLAR (Mr Goyaram).

Mr Oatham told the Adjudicative Committee that approaching the 1800-metre mark, Mr Moodley allowed his mount to shift in and in doing so, he continued to ride forward without taking corrective action.  He said that at the time of the shift, Mr Moodley was no more than 1 length clear of PROCELLA. It was a misjudgement on Mr Moodley’s part. Mr Kennedy had called out, but Mr Moodley adjusted too late.  Consequently, PROCELLA was dictated into the line of SHELYS LAST DOLLAR, who had to be checked.

Mr Moodley and Mr Walker agreed with the Stewards’ interpretation of the incident, that it was a misjudgment on the part of Mr Moodley.

Decision:

As Mr Moodley admitted the breach, the Adjudicative Committee found the charge proved.

Submissions for Penalty:

Mr Oatham advised that this was Mr Moodley’s 7th breach in 12 months over 306 rides. This was a poor record and the Stewards intended to refer Mr Moodley to the Rider Skills Review Panel for remedial training under the provisions of Rule 343. Mr Moodley and Mr Walker agreed with the referral.

In terms of penalty, the Stewards submitted that the incident was considered a low range, with a starting point of a 5 day suspension. It was noted that Mr Moodley readily admitted the charge, he was an Apprentice and he had been referred to the Rider Skills Review Panel.

Mr Moodley sought a deferment to any proposed suspension until after racing on 13 July 2024 at Ruakaka. He had nothing further to add in relation to any proposed penalty.

Reasons for Penalty:

After considering the submissions and reviewing the race film, the Adjudicative Committee determined Mr Moodley’s carelessness to be low range and adopted a 5-day (suspension) as the starting point.

While his poor record under the Rule is an aggravating factor, mitigating factors are Mr Moodley is an Apprentice, his early admitting of the charge, and the fact that he and his employer acknowledged the need for him to attend the Rider Skills Review Panel. Taking these factors into account, there was no uplift in the penalty.

After considering the above, the Adjudicative Committee deemed that an appropriate suspension be 5 (national) days.

Conclusion:

The Adjudicative Committee granted Mr Moodley a deferment to his suspension. Accordingly, his Licence to ride in races is suspended for a period of 5 national racing days, commencing after racing on 13 July 2024 and concluding after racing on 24 July 2024.