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Ashburton RC 14 March 2019 - R 8 - Chair, Mr S Ching

Created on 19 March 2019

Rules:
638(1)(d)
Committee:
SChing (chair)
GClapp
Name(s):
K Cowan-Class B Rider
D Wadley - Stipendiary Steward
Mr D Walsh - NZTR Apprentice Jockey Mentor
Informant
J McLaughlin- Stipendiary Steward
Information Number
A5442
Plea:
Admitted
Charge:
Careless riding
Evidence:

Following the running of Race 8, the Brand Family Rating 65 1600, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class B Rider, Miss K Cowan alleging careless riding in that she allowed her mount, MOREIRA, to shift inwards when not sufficiently clear of MUSEE D’ORSAY, which was checked.

Rule 638(1)(d) reads as follows:

“(1) A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:

(d) careless”

Miss Cowan had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Miss Cowan also agreed that she understood the charge and the Rule it was brought under. Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Cowan at the hearing.

Stipendiary Steward, Mr D Wadley gave evidence and used video coverage, with the assistance of Mr McLaughlin, to show that nearing the 200m, MOREIRA, ridden by Miss Cowan, was racing approximately 2 off the rail with MUSEE D’ORSAY, ridden by Mr K Mudhoo, inside Miss Cowan and on the rail. Mr McLaughlin pointed out Miss Cowan shifting inwards and into the racing line of Mr Mudhoo, who had to check. He stated that Miss Cowan was barely a length ahead of Mr Mudhoo when shifting into his racing line.

Mr Walsh stated that it was only a matter of inches between interference and no interference. He said it was obvious Miss Cowan was looking for a run and had she realised a stride or two earlier that there was a horse inside her, the interference would not have occurred. Mr Walsh said that Miss Cowan did look but by then it was too late, and she had already shifted into Mr Mudhoo’s line.

Miss Cowan stated that when Mr Mudhoo called to her, she reacted and straightened her mount, but it was too late. She said she was unaware she had a horse on her inner.

Decision:

As Miss Cowan had admitted the breach the charge was found proved.

Submission For Penalty:

Mr Wadley stated that Miss Cowan’s record showed 6 suspensions over the previous 12 months being;

-17 June 2018-Waipa-7 Days
-18 June 2018-Whangarei-6 Days
-20 June 2018-Counties -8 Days
-22 September 2018-Canterbury-10 days
-20 October 2018-Ashburton- 7 days
-2 February 2019-Otago-12 days

Mr Wadley stated that the breach was low to mid-range carelessness. He said that the JCA Penalty Guide provides a starting point for a low range breach of a 6 National day suspension and submitted that a starting point for this offence could be in the range of 6 to 7 National days. The aggravating factor was Miss Cowan’s record which he submitted would warrant an uplift in penalty and said he would leave it up to the committee to determine an appropriate penalty.

Mr Walsh said that in his opinion, this incident was low level not low to mid as submitted by that Stewards. He added that Mr Mudhoo did not lose any ground, so the consequences were low level and she reacted immediately, as soon as she knew there was a runner on her inside.

Deferment was discussed but with no relevant meetings for Miss Cowan over the next 7 days, deferment was not an option.

Reasons For Penalty:

This Committee agreed with the Stewards that this breach is low to mid carelessness and therefore adopt a 7 National day starting point for this offence. The aggravating factor was Miss Cowan’s record which showed 6 breaches since June last year. We regarded Miss Cowan’s record as poor. This aggravating factor warranted an uplift in penalty which we set at 4 days. We determined that Miss Cowan’s frank admission of the breach warranted a discount in penalty, which we set at 1 day. We therefore determined that a 10 National day suspension is an appropriate penalty in this case.

Penalty:

Accordingly, Miss Cowan’s Class B Jockeys licence is suspended from the conclusion of racing today 14 March up to and including 30 March 2019.

Of note, the meetings at Te Aroha on 15 March, Wellington and Tauranga on 16 March and Woodville 17 March, were not included in the suspension period as the riders were already declared for these meetings.

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