South Canterbury RC 16 July 2021 – R 4 – Terry Moseley

ID: RIB3405

Respondent(s):
Terry Moseley - Jockey

Applicant:
Mr Mark Davidson - Stipendiary Steward

Adjudicators:
Mr S Ching

Persons Present:
Mr Terry Moseley - Licensed Jockey (Class A), Mr Mark Davidson - Stipendiary Steward

Information Number:
A15852

Decision Type:
Adjudicative Decision

Charge:
Excessive use of whip

Rule(s):
638(3)(b)(ii)

Plea:
Admitted

Code:
Thoroughbred

Race Date:
16/07/2021

Race Club:
South Canterbury Racing Club

Race Location:
Phar Lap Raceway - State Highway 1, Washdyke, Timaru,

Race Number:
R4

Hearing Date:
16/07/2021

Hearing Location:
Timaru

Outcome: Proved

Penalty: Jockey Terry Moseley is fined $300

EVIDENCE:

Following the running of Race 4, the South Canterbury Saddlery Dash 1200m, an Information was filed by Stipendiary Steward, Mr M Davidson, against Jockey (Class A), Mr T Moseley, alleging that, as the Rider of THE BUFFER in the race, he raised his arm above shoulder height when using the whip on his mount.

Mr Moseley was present at the hearing of the Information and had endorsed the Information that the breach was admitted. He also confirmed that he understood the provisions of the Rule he was being charged with.

Rule 638 provides as follows:

(3)  A Rider shall not:

      (b)  strike a horse with a whip in a manner or to an extent which is:

            (ii)  excessive

 The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:

Notwithstanding the above, it will also be deemed to be unacceptable where a Rider uses the drawn whip:

(vi) using the whip with the arm above shoulder height.

SUBMISSIONS:

Mr Davidson gave evidence and showed video replays of the final 400 metres of the race. He pointed out Mr Moseley riding THE BUFFER, positioned towards the outside of the track and in contention as the field entered the home straight.  He said that inside the 400m, Mr Moseley drew the whip and used it on 4 to 5 occasions with his arm raised above shoulder height.

Mr Moseley stated that the breach was cut and dried. He said the testing conditions caused him to revert to old habits with his whip use.

REASON FOR DECISION:

Mr Moseley having admitted the breach; the charge was found proved.

 SUBMISSION FOR PENALTY:

Mr Davidson told the Committee that Mr Moseley had a clear record in regard to this Rule. He stated that the Penalty Guide provides a starting point of a $300 fine for a first offence and stated that there were no aggravating factors to consider. Mr Davidson submitted that a $300 fine be considered as penalty.

Mr Moseley stated that a fine of $300 was fair.

REASON FOR PENALTY:

In determining penalty, the Adjudicator had regard to the Penalty Guide starting point of a $300 fine, mitigation inclusive, for a first offence of this Rule. The Adjudicator determined that there were no aggravating factors to consider therefore no uplift in penalty warranted.

The Adjudicator therefore determined that a $300 fine was an appropriate penalty in this case.

CONCLUSIONS:

Mr Moseley is fined the sum of $300.

Decision Date: 16/07/2021

Publish Date: 19/07/2021