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Otago RC 27 November 2016 - R 4 - Chair, Prof G Hall

Created on 30 November 2016

Rules:
638(1)(d)
Committee:
GHall (chair)
PKnowles
Name(s):
Ms Wynne - Licensed Jockey (Class A)
Mr J Oatham - Chief Stipendiary Steward
Mr M Pitman - Licensed Trainer assisting Ms Wynne
Informant
Mr M Davidson - Stipendiary Steward
Information Number
A7779
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Mr Davidson, Stipendiary Steward, alleged that Ms Wynne permitted her mount FLYTIME to shift outwards near the 200 metres of race 4, the Quartz Reef Wines Rating 65, when there was insufficient room to do so buffeting PASSITO (Mr Kalychurun), which was checked.

Mr Oatham demonstrated on the videos that the respondent was positioned behind Mr Callaway (DAIFUKU) early in the run home. There was no run for her from the top of the straight. At about the 200 metres she moved wider on the track to obtain a run to Mr Callaway’s outside and, in so doing, took the line of running of Mr Kalychurun, who was riding PASSITO. Mr Kalychurun was buffeted and was moved onto the heels of MACY, Mr Johnson’s mount. Mr Oatham acknowledged that FLYTIME had been laying out during the race.

Ms Wynne stated that FLYTIME was hanging. It had a pricker on, which she believed the horse resented, and she had been doing her best to keep the horse straight. She agreed she had angled out for a run but “once the horse had seen daylight it kept coming but it was still hanging”. She said she had never used the whip. The co-trainer, Ms A McKay, had told her after the race that it was the first time the horse had raced in the field as it had led in its previous races.

Mr Davidson acknowledged the horse was clearly hanging, but Ms Wynne being aware of this should not have been attempting to take the run she had. He emphasised she was already having a difficult ride.

Decision:

As Ms Wynne has admitted the breach, we find the breach proved.

Submission For Penalty:

Mr Davidson produced the respondent’s record, which evidenced six breaches under this rule this past year, the last being on 23 October. He stated the Stewards believed the breach to be low range and stated that the number of days’ suspension was a matter for this Committee.

Mr Pitman, who assisted Ms Wynne with respect to the determination of penalty, stated that Ms Wynne was aiming to get experience riding in the north. He was looking at taking horses to Ellerslie and the respondent, while not the stable jockey, was riding more frequently for him. She regularly rode track work for him. He stated the pressures on Ms Wynne, as the leading South Island jockey were high, especially when the TAB would offer a betting option based on the number of successful rides she would have a meeting. He added she would always do the best for those who invested on her personally and on her mounts and, in so doing, would find that she sometimes erred in that she tried too hard in this regard. He outlined the steps that Ms Wynne was taking to address her continued breaching of the careless riding rule. We regard these as being matters personal to Ms Wynne and do not detail them in this decision. We add, however, that we believe these steps to be most appropriate.

Ms Wynne acknowledged the pressure she felt and said she was her “own worst critic” when it came to assessing her rides.

Reasons For Penalty:

The horse was giving the respondent a difficult ride and her carelessness lay in attempting a run to the outside of Mr Kalychurun that was not there. His mount, PASSITO, was only finishing off the race fairly at this time, and looked highly unlikely to run into a dividend bearing position. Thus his chances of running a place did not appear to have been affected by the respondent’s actions. We reduce the starting point by 1 day to recognise the low level nature of the breach.

Ms Wynne has a bad record. This is her seventh breach of the careless riding rule in the calendar year, albeit the first of these breaches was at this meeting last year. We believe a significant and substantial uplift of 3 days is necessary, in recognition of the sheer volume of breaches and in the interests of specific and general deterrence. We note the last breach was 2 months ago and since that time the respondent has also been suspended for a breach of an unrelated rule. She has thus had limited riding opportunities in that time.

Deterrence, of course, is not the only sentencing principle at play here. As Mr Pitman has emphasised, and Ms Wynne has confirmed, she has taken steps both within and outside the industry to address the frequency of her breaches of this particular rule. Rehabilitation is thus a further and, we believe, necessary consideration. We encourage Ms Wynne to continue with her efforts to modify her riding behaviour and note that the frequency with which she has breached this rule has decreased this season. We give a 1 day discount for the positive steps she has taken and is still taking.

A further mitigating factor is that Ms Wynne has admitted the breach and has been forthright in her analysis of her ride and acknowledgement of fault to both the Stewards and this Committee.

Ms Wynne has rides at Trentham on Saturday and has sought a deferment of her suspension until after that meeting. The Stewards accept that this is appropriate.

Penalty:

We suspend Ms Wynne from riding from the end of racing on 3 December up to and including 15 December. This is 5 riding days: Waipukurau 4 December, Wingatui 7 December, Hastings 8 December, Invercargill 10 December, and Otaki 15 December.

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