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Ashburton RC 20 October 2018 - R 4 - Chair, Mr S Ching

Created on 23 October 2018

Rules:
638(1)(d)
Committee:
SChing (chair)
DAnderson
Name(s):
Miss J Fawcett - Class B Rider
Mr D Walsh - Apprentice Jockey Mentor assisting Miss Fawcett
Mr M Davidson - Stipendiary Steward
Informant
Mr J McLaughlin - Stipendiary Steward
Information Number
A8199
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 4, the Gary McCormick Bin Hire Maiden, an Information was filed against Class B Rider, Miss J Fawcett, alleging careless riding in that she permitted her mount, LUVLUCY, to shift inwards passing the 350m crowding PAMIR ridden by Mr R Mudhoo, which was checked and dictating HARD BUT FAIR, ridden by Miss Z Moki, inwards across heels having to steady causing HEAD OFFICE, ridden by Mr C Campbell and PRODUCER, ridden by Miss T Jonker, to be checked.

Rule 638 provides:-

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

Miss Fawcett had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Miss Fawcett also agreed that she understood the charge and the Rule it was brought under.

Mr D Walsh, NZTR Apprentice Mentor, assisted Miss Fawcett at the hearing.

Mr McLaughlin gave evidence and used video coverage, with the assistance of Stipendiary Steward, M Davidson, to show that nearing the 350m, LUVLUCY, ridden by Miss Fawcett, was racing approximately 8 off the rail with PAMIR, approximately 6 off the rail, inside Miss Fawcett. Mr Davidson pointed out Miss Fawcett urging her horse forward and shifting ground inwards when not clear of and crowding PAMIR who was forced inwards into the line of HARD BUT FAIR, who was dictated inwards and had to steady off heels. This in turn caused inside runners HEAD OFFICE and PRODUCER to be crowded and checked. Mr Davidson stated that Miss Fawcett’s mount, LUVLUCY was hanging in prior to and during this incident which was a mitigating factor to consider.

Miss Fawcett stated that LUVLUCY was hanging in from halfway round the turn and was still hanging in when she asked the horse for an effort. She said she thought it would go “whoosh” being the favourite, and thought she was going to be well clear of those runners. Miss Fawcett stated that her intention was to come down the outside but because LUVLUCY was hanging, ended up on the heels of RIDE THE STORM and had to shift inwards off those heels. Miss Fawcett said she did not expect LUVLUCY to shift as far as she did. She conceded that she did not do enough to keep her on a true line as required.

Mr Walsh stated that it was unfortunate that Miss Fawcett could not get her whip in the left hand which would have helped keep LUVLUCY straight. He also said that prior to the incident it was getting a little bit messy with the horses in behind getting into awkward positions which he believed made the incident look worse.

Decision:

As Miss Fawcett had admitted the breach, the charge was found proved,

Submission For Penalty:

Mr McLaughlin stated that Miss Fawcett’s record was not particularly good, showed 8 suspensions over the previous 12 months being, 10 November at Avondale-4 days, 29 December at Ellerslie-7 days, 31 December at Stratford-6 days, 1 January at Ellerslie-7 days, 2 April at Rotorua- 5 days, 16 May at Whangarei-7 days, 30 June at Whangarei-that recently she had 7 days and 1 August at Tauranga-7 days. He said that the breach was low range, but the consequences were higher at mid-level. Mr McLaughlin stated that the aggravating factor was Miss Fawcett’s record which he submitted warranted an uplift in penalty. He also stated that Miss Fawcett’s frank admission of the breach be taken into consideration.

Miss Fawcett stated that recently she had transferred stables and was now with Mr Toby Autridge. She said that since relocating to Mr Autridge in August, she had been tutored and had not been suspended since then, being 2 months clear.

Mr Walsh said that Miss Fawcett had ridden on 106 occasions with 11 winners since this last suspension in August which he stated should be taken into consideration.

Deferment was discussed with Miss Fawcett seeking a deferment until after racing on Saturday 27 October where she had riding commitments.

Reasons For Penalty:

The JCA Penalty Guide provides a 6 National day starting point for a low-level breach of this rule. This Committee agreed with the Stewards assessment that the breach was low range and accordingly adopted the 6 National Day starting point. We also agreed that the level of consequences was towards mid-range with some mitigation but however, determined that no uplift in penalty was warranted for this factor. The aggravating factor was Miss Fawcett’s record showing 8 suspensions in the previous 12 months, the last being 2 months prior. This, we determined, warranted an uplift which we set at 3 days. We were however, able to afford Miss Fawcett a discount for her frank admission of the breach. This we set at 1 day. We therefore determined that an 8-day suspension was an appropriate penalty in this case.

Miss Fawcett’s request for deferment until after racing on 27 October was granted.

Penalty:

Miss Fawcett’s Class B Jockeys licence is suspended from the conclusion of racing 27 October up to and including 8 November 2018.

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