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Canterbury R 16 March 2017 - R 4 - Chair, Mr S Ching

Created on 20 March 2017

Rules:
638(1)(d)
Committee:
SChing (chair)
DJackson
Name(s):
S Wynne-Licensed Class A Jockey
Mr M Williamson - Stipendiary Steward
Informant
J McLaughlin- Stipendiary Steward
Information Number
A8123
Plea:
Admitted
Charge:
ged breach of Rule 638(1) (d)
Evidence:

Following the running of Race 4, the NZB South Island Sale April 21 Rating 65, an Information was filed by Stipendiary Steward, Mr J McLaughlin, against Class A Licensed jockey, Miss S Wynne, the rider of FADE TO GREY, allowed her mount to shift in near the 1100m, when not sufficiently clear of CINDERELLA, ridden by Mr K Mudhoo, which was checked.

“(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 and she confirmed this at the hearing. Miss Wynne also agreed that she understood the charge and the Rule it was brought under.

Mr McLaughlin gave evidence and used video coverage with the assistance of Stipendiary Steward, Mr M Williamson, to show that shortly after the start FADE TO GREY, ridden by Miss Wynne, was racing on the outside of the field with CINDERELLA, ridden by Mr K Mudhoo, in a position directly inside Miss Wynne. Mr Williamson pointed out Miss Wynne shifting inwards in order to improve her position and when shifting in, was not clear of Mr Mudhoo’s mount who had to check. Mr Williamson stated that Miss Wynne was only her own length clear when shifting inwards, into the line of CINDERELLA. He stated that Miss Wynne had not read the situation well and has misjudged her inward movement causing the interference to CINDERELLA.

Miss Wynne stated that there was a bit if buffeting going on before the incident. She said that she rides this horse in most of its work and it always hangs out and was prepared for it to do the same today. Miss Wynne said that the horse hung in today and caught her off guard which did not help the situation. She stated that when she had a look she thought she was clear and that it was just a minor misjudgement on her part. Miss Wynne said the effect on Mr Mudhoo was only for 1 stride and he recovered quickly.

Decision:

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

Submission For Penalty:

Mr McLaughlin stated that the Stewards assessed the breach as low range. He said that Miss Wynne’s penalty record was poor and over the previous 12 months showed 5 breaches of this rule. The details of these breaches were a 3-week suspension on 23 April at Riccarton, 7 days at Wanganui on 4 June, 6 days at Gore on 23 September, 5 days at Cromwell on 27 November,4 days and a $600 fine at Waikouaiti on 1 January 2017. Mr McLaughlin stated that a term of suspension was inevitable and would leave the length of suspension for the Committee to determine. Mr McLaughlin stated that Miss Wynne was a South Island-Central Districts rider.

Miss Wynne stated that she had been trying all ways to improve her record, was taking advice from Mr Walsh and going to a sports psychologist on a regular basis. She appreciated that her record was not good and asked for leniency in penalty.

Deferment of penalty was discussed with Miss Wynne advising she had engagements at Otago on Monday 20 March and Wyndham at Gore on Thursday 23 March. Miss Wynne sought a deferment of 7 days.

Reasons For Penalty:

In determining penalty, the Committee took into consideration all aggravating and mitigating factors. The only aggravating factor is Miss Wynne’s record which shows 5 breaches of this rule over the previous 12 months. The JCA Penalty Guide recommends a starting point of 5 days for a breach of this rule. The Committee determined that the aggravating factor in this case warranted an uplift of on the starting point which we set at 1 day to 6 days. However, we are able to afford Miss Wynne a discount of 1 day for her frank admission of the breach. We therefore determined that a 5-day suspension was an appropriate penalty in this case.

Penalty:

Miss Wynne’s application for a 7-day deferment was granted with her Class A Jockeys licence being suspended from the conclusion of racing on 23 March up to and including 6 April 2017. This suspension encompasses the meetings at Canterbury on 25 March, Masterton on 26 March, Wanganui on 30 March, Southland or Manawatu on 1 April and South Canterbury on 6 April 2017. Miss Wynne was advised by the Committee that with her current record, any further breaches of this rule in the near future, could result in a suspension of weeks rather than days.

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