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Ashburton RC 19 October 2013 - R 3

Created on 22 October 2013

Rules:
638(1)(d)
Committee:
SChing (chair)
RMcKenzie
Name(s):
A Frye-Licensed Apprentice Jockey
D Frye-Class A Trainer assisting Ms Frye
Informant
M Zarb-Stipendiary Steward
Information Number
A4949
Plea:
Admitted
Charge:

Alleged breach of Rule 638(1)(d)

Evidence:

Following the running of Race 3, the Ryal Bush Transport Maiden 1600m, an Information was filed by Stipendiary Steward, Mr M Zarb, against Apprentice jockey, Miss A Fyre, the rider of TORQUE IT UP alleging careless riding near the 100m.

The charge reads as follows:

“I the above named Informant, allege that the above named Respondent, committed a breach of Rule 638(1)(d) in that shortly after approaching the 100m A Frye (TORQUE IT UP) shifted her mount outwards crowding KINGS ROAD (T Moseley) which had to be 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 Frye had indicated on the Information that this breach of the Rules was admitted and she confirmed this at the hearing. Miss Frye also agreed that she understood the charge and the Rule it was brought under. As Miss Frye was an Apprentice Jockey, her employer, Mr D Frye, assisted her during the hearing.

Submission For Decision:

Mr Zarb gave evidence and used video coverage to show that near the 100m Miss Frye riding TORQUE IT UP moved into a gap that had presented itself between KINGS ROAD and PENNY LATE. Once in the gap TORQUE IT UP shifted out and continued to shift out, whilst under a ride from Miss Frye, crowding KINGS ROAD who had to be checked. Mr Zarb submitted the level of carelessness was mid-range as were the consequential effects.

Miss Frye stated that TORQUE IT UP was a green horse and was having its first start in blinkers. She said TORQUE IT UP began to race greenly shortly after entering the gap and shift out away from PENNY LATE as the rider on that horse began to use the whip.

Mr Frye submitted that Miss Frye did not use the whip behind the saddle during this incident.

Reasons For Decision:

As Miss Frye had admitted this breach of the Rules it was found to be proved.

Decision:

The charge was found to be proved.

Submission For Penalty:

Mr Zarb stated that Miss Frye had a total of 400 career rides and had only been before the JCA on one previous occasion during her career, which resulted in a 2 day suspension in March 2013.
He also stated that Miss Frye was a leading apprentice and had an excellent record for the amount of time she had held a license and the number of rides she has had. Mr Zarb submitted that as Miss Frye was now riding in the North Island on a regular basis, the Stewards now class her as a National rider.

In regard to penalty, Mr Zarb submitted that a suspension of 4 days be considered, with at least 1 of those days being a South Island day.

Miss Frye, with the assistance of Mr Frye submitted that they would be seeking a deferment of penalty for 7 days which would include the meeting at Christchurch on 26 October where Miss Frye had confirmed engagements.

Reasons For Penalty:

In determining penalty the Committee took into consideration all mitigating and aggravating factors including Miss Frye’s good record and her frank admission of the breach. Also taken into consideration was that the carelessness and consequential effects were mid- range. After taking all factors into consideration the Committee decided that a 4 day suspension is an appropriate penalty on this occasion.

Penalty:

We therefore determined that Miss Frye’s apprentice jockeys licence be suspended from the conclusion of racing Saturday 26 October until the conclusion of racing 1 November 2013 which encompasses the days racing at Hamilton on 28 October, Pukekohe on 30 October, Wanganui on 31 October and Invercargill on 1 November 2013 (4 effective days).

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