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Gore RC 23 September 2016 - R 4 - Chair, Mr N Skelt

Created on 26 September 2016

Rules:
638(1)(d)
Committee:
NSkelt (chair)
VMUnro
Name(s):
Miss S Wynne - Class A Rider of PREDICTION
Mr D Chin - Apprentice Rider of STRATEGUS
Mr J Oatham - Stipendiary Steward
Informant
Mr L Tidmarsh - Stipendiary Steward
Information Number
A7647
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following the running of Race 4 Gore Septic Tank Cleaners Maiden an information was filed pursuant to rule 638 (1)(d).

The informant Stipendiary Steward Mr Tidmarsh alleged that Miss Wynne permitted her mount Prediction to shift inwards when not sufficiently clear of Strategus (D. Chin) which clipped a heel and blundered near the 1000 metres.

Miss Wynne acknowledged that she understood the rule and confirmed that she did not admit the breach.

Rule 638 (1)(d) provides: a rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.

Submission For Decision:

Mr Oatham demonstrated the incident using the available video films. He identified that Miss Wynne’s horse Prediction started the race from barrier (5), Mr Chin’s horse Strategus started from Barrier (4), and Mr Moseley’s horse Muzza’s Mate started from Barrier (1).

Mr Oatham highlighted Prediction racing three wide near the 1000m mark, and angling inwards leaving insufficient room for Strategus, who was less than a length behind on the inside of Prediction.

Mr Oatham further highlighted Mr Chin taking a hold of his horse, stating that Mr Chin could see what was happening, with his horse being checked and blundering and losing ground.

Mr Oatham highlighted the starting barriers were not ideally placed, leading into the first bend, which may have slightly attributed to the incident.

Mr Chin stated that his horse Strategus had clipped heels nearing the 1000 metre mark. As Miss Wynne had moved inwards when there was not enough room “less than a length” Mr Chin stated. Mr Chin also said that there was no movement outwards from the inside horse Muzza’s Mate who was ridden by Mr Moseley. Mr Chin said he lost a couple of lengths as a result of the incident.

Mr Chin also said when questioned that his horse was racing kindly, and he had it under control prior to the incident and that his horse did not contribute in any way to the incident.

Miss Wynne told the committee that in normal circumstances she would plead guilty, however in this instance she felt there were several contributing factors to consider.

Miss Wynne acknowledged she had moved inwards, however she believed that Mr Moseley’s horse Muzza’s Mate who had drawn barrier (1) had moved off the rails and was racing greenly.

Miss Wynne said she saw Mr Chin take a hold of his horse, and also thought Mr Moseley had moved outwards slightly onto Mr Chin’s horse, which all had an effect on the alleged incident.

Miss Wynne also stated that her horse was having its first start, and raced greenly throughout making it a difficult ride.

Reasons For Decision:

The Committee was satisfied from the evidence that it heard from the Stipendiary Stewards, Mr Chin and from the video evidence that Miss Wynne was not her required own length and another length clear when she allowed her mount, Prediction, to shift inwards 150 metres after the start of Race 4 on to Strategus, ridden by Mr Chin, which forced him to take hold of his horse abruptly, clipping a heel and blundering.

Miss Wynne herself, eventually conceded that she was not the required distance clear and, in the end, her defence was based around mitigating factors, that Mr Moseley’s horse Muzza’s Mate had come out onto Mr Chin’s horse Strategus thus contributing to the alleged incident.

The Committee is satisfied that Miss Wynne has shifted in of her own accord resulting in a check to Mr Chin’s ride Strategus. We do not believe that Mr Chin’s horse or any other jockey had contributed to the incident.

We find that, in shifting ground inwards when not sufficiently clear of Mr Chin’s mount, Miss Wynne rode carelessly and we therefore find the charge of careless riding proved.

Decision:

The committee found the charge proved.

Submission For Penalty:

Mr Tidmarsh produced Miss Wynne’s record which showed six previous breaches of this rule in the last 12 months and they read as follows-

22/10/15 Otago 4 days (Low Range)
29/11/15 Cromwell 4 days (Low Range)
13/01/16 Hokitika 5 days (Mid/High)
13/02/16 Riccarton 6 days (Mid-Range)
23/04/16 Riccarton 3 weeks (Mid-Range)
04/06/16 Wanganui 7 days (Mid-Range)

Mr Tidmarsh said that Miss Wynne’s record was “not flash” although there had been some improvement over the last 3 or 4 months, Mr Oathman confirmed that Miss Wynne was currently New Zealand’s leading rider, riding mostly in the South Island, but also in the Central Districts.

Mr Oatham also stated that Miss Wynne had been seeking professional assistance around her riding, which Miss Wynne confirmed.

Mr Tidmarsh believed that the degree of the carelessness was at the lower end, however also stated that the consequences could have been far greater than what resulted.

Mr Tidmarsh believed a starting point for fixing penalty on this occasion may be a suspension of 5 riding days.

Miss Wynne told the committee that she had a full book of rides at the Canterbury Jockey Club on 1 October 2016 which was a lead up to the prestigious New Zealand Cup Carnival in November, and that she may be possibly riding for Mr Pitman in the near future in the Auckland Region but this was not confirmed.

Miss Wynne also said that she had commitments on September 29th 2016 at the Waverley meeting where she was riding for Mr Thurlow and she had already purchased her air tickets, and as a result she wished her suspension to start after that meeting.

Reasons For Penalty:

The committee carefully considered all of the evidence and submissions presented. The penalty guide for judicial committees recommends a starting point for careless riding is a 5 day suspension which is adjusted on mitigating and aggravating factors.

The mitigating factors were only very minor, in that Mr Tidmarsh and Mr Oatham have recognised the starting gates are not ideally placed prior to racing into the bend where the incident occurred.

Mr Oathman noted that Miss Wynne was trying really hard with her riding and perhaps too hard and was seeking professional assistance with her riding which we believe is to her credit.

However he also stated, this has to be balanced against the consequence of Miss Wynne’s actions which resulted in Strategus being checked and blundered.

We do accept that the offending in this matter is at the lower end of carelessness.

Also the fact that Miss Wynne has received six suspensions under the rule in the past 12 months is extremely concerning to the committee as this sets a poor indictment of her riding.

The JCA penalty guide starts at a 5 day suspension, taking all matters into consideration, the committee believes this amount needs to be increased by a further one riding day due to Miss Wynne’s poor riding record under this rule over the past 12 months.

After taking into account all of the above factors the committee considers an appropriate suspension to be 6 days.

The committee believed any further breaches under this rule in the near future would result in a very severe penalty being imposed.

Penalty:

Miss Wynne requested a 7 day deferment after being advised of the Committee’s decision.

We granted Miss Wynne this request to seek a deferment to her suspension as per rule 1106(2).

Miss Wynne accordingly has her licence to ride in races suspended commencing at the conclusion of racing on 29/09/16 up until and including the conclusion of racing on 13/10/16 (6 days). The meetings are as follows:

01/10/16 Christchurch 06/10/16 Tauhernikau
07/10/16 Timaru 08/10/16 Hawera
09/10/16 Winton 13/10/16 Woodville

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