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Canterbury R 13 November 2019 - R 1 - Chair, Mr S Ching

Created on 14 November 2019

Rules:
638(1)(d)
Committee:
SChing (chair)
RMcKenzie
Name(s):
Miss S Wynne - Licensed Class A Jockey
Mr A Coles - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A11542
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Chief Stipendiary Steward, Mr J Oatham, filed an Information against Class A Licensed Jockey, Miss S Wynne, the rider of BI YING, in that she allowed her mount to shift inwards when not clear of SABOTEUR (C Johnson), which was checked passing the 1300m.

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

Mr Oatham gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr A Coles, to show that shortly after the start and approaching the 1300m, BI YING, ridden by Miss Wynne, was racing mid track and angling in to obtain a run. SABOTEUR, ridden by Mr Johnson, he said, was racing in a loose 1 off position in the trail of LAVAGLO ridden by Mr M Dee. He pointed out Miss Wynne continuing in on an inward movement, dictating Mr Johnson inwards, with SABOTEUR eventually making contact with the rail. Mr Coles played the side on film and showed that Miss Wynne was only ¾ of a length in front of Mr Johnson when shifting into his rightful racing line. He added that Miss Wynne had clearly misjudged the distance and was not clear to shift in at that point.

Miss Wynne stated that SABOTEUR had shied away from her horse when she was shifting in, which she submitted, contributed to the incident. She added she did not make contact with SABOTEUR.

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

Decision:

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

Submission For Penalty:

He said that Miss Wynne had experienced an interrupted season with injury and had 113 race day rides over the previous 12 months. He stated that over the prior 12 months her record showed only one breach of this rule being 11 October 2019 at the South Canterbury meeting where she received a 7-national day suspension. He submitted that Miss Wynne's record could be considered as a neutral factor, in this case. Mr Oatham stated that the Stewards assessed the breach as a touch above mid-range. In mitigation, he stated that Miss Wynne had admitted the breach at the first opportunity. Mr Oatham submitted that a penalty in line with submissions presented be an appropriate penalty.

Miss Wynne elected to make no submission on penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point for a mid-range breach of this rule of an 8-national day suspension. We agreed with the Stewards that the breach was above mid-range and therefore adopted a 9 national day starting point. Miss Wynne’s record, despite showing a 7 national day breach on 11 October, which we considered in totality, was a neutral factor. There were no aggravating factors to consider, therefore no uplift in penalty warranted. Mitigating factors were Miss Wynne’s admission of the breach for which we able to afford Miss Wynne a discount, which we set at 1 day. The Committee therefore determined that an 8-national day suspension was an appropriate penalty in this case.

Penalty:

Accordingly, Miss Wynne’s Class A licence was suspended from the conclusion of racing on 16 November up to and including 29 November 2019. Of note the meeting at Waverley on 17 November was not included in the penalty as the riders had already been declared for this meeting.

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