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Greymouth JC 5 January 2020 - R 2 - Chair, Mr S Ching

Created on 09 January 2020

Rules:
638(1)(d)
Committee:
SChing (chair)
DAnderson
Name(s):
Miss S Wynne - Licensed Class A Jockey
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr M Davidson - Stipendiary Steward
Information Number
A11860
Plea:
Denied
Charge:
Careless Riding
Evidence:

Following the running of Race 2 an Information was filed by Stipendiary Steward, Mr M Davidson, against Class A Licensed jockey, Miss S Wynne, the rider of SECRET RUNNER, in that she permitted her mount to shift inwards when not sufficiently clear dictating ELVA inwards crowding MAGICAL MYSTERY which was checked passing the 1400m.

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 not admitted, and she confirmed this at the hearing. Miss Wynne also agreed that she understood the charge and the Rule it was brought under.

Submission For Decision:

Mr Davidson gave evidence and used video coverage with the assistance of Chief Stipendiary Steward, Mr J Oatham, to show that shortly after the start SECRET RUNNER, ridden by Miss Wynne, who had drawn 6 at the barrier, was racing on the outside of ELVA, ridden by Mr R Mudhoo, who had drawn position 5 at the barrier with MAGICAL MYSTERY, ridden by Mr K Chowdhoory, who had drawn the number 3 stall.. Near the 1400m and using the head on and side on films, Mr Oatham demonstrated Miss Wynne commencing to shift in and apply pressure to Mr Mudhoo when only ½ to ¾ of a length ahead of him, who was dictated inwards into the line Mr Chowdhoory, who was ¾ of a length back on Mr Mudhoo. Mr Oatham pointed out Mr Mudhoo, who took a hold and steadied when he was being forced inwards into the line of Mr Chowdhoory with Mr Chowdhoory, placed in restricted room, eventually running out of racing room and checking.

Mr Mudhoo was called as a witness and stated that Miss Wynne had put pressure on him and dictated him inwards onto and into Mr Chowdhoory’s rightful line. Mr Mudhoo added that he called to Miss Wynne as the incident was unfolding.

Mr Chowdhoory was also called as a witness and stated that all the pressure came from the outside which was Miss Wynne putting pressure on Mr Mudhoo. Mr Chowdhoory confirmed that he also called out as the pressure from the outside was being applied.

Miss Wynne’s defence was that she believed that she was just following Mr Mudhoo across and when he started to ease it just left her out there. She said that thereafter she continued across, believing she was clear, to take up the lead position. She stated that she was anticipating that Mr Mudhoo would continue on forward to take up a lead or handy position over the early stages.

Reasons For Decision:

We carefully considered all the evidence presented by the Stewards, their witnesses and Miss Wynne. The Committee were satisfied that near the 1400m, Miss Wynne, when not clear of Mr Mudhoo, shifted inwards and dictated him in onto Mr Chowdhoory, who was placed in restricted room, eventually having to check. We found the film and witness evidence convincing and Miss Wynne’s defence without foundation. We determined that Miss Wynne had ridden carelessly on this occasion and therefore found the charge proved.

Decision:

The charge was found to be proved.

Submission For Penalty:

Mr Davidson stated that the Stewards assessed the breach as low range. He said that Miss Wynne’s penalty record showed 4 breaches of this rule over the previous 12 months being 11 October at South Canterbury (7 days), 13 November at Riccarton (8 days), Riccarton 16 November (7 days) and today, 5 January at Omoto (6 days), this was an admitted breach in Race 3 heard previously. He stated that the JCA Penalty Guide provided a 6-national day suspension for a low-level breach of this rule and submitted that an uplift be imposed for the aggravating factor of her penalty record.

Miss Wynne elected to make no submissions on penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point for a low-level breach of this rule of a 6-national day suspension. We agreed with the Stewards that the breach was at a low level and therefore adopted the 6-national day starting point. There were aggravating factors to consider, being Miss Wynne’s record showing 4 breaches of this rule since October 2019 which warranted an uplift in penalty. This uplift we set at 2 days. We therefore determined that an 8 National day suspension was an appropriate penalty.

Penalty:

Accordingly, Miss Wynne’s Class A licence was suspended from the conclusion of racing on 15 January up to and including 24 January 2020.

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