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Otaki-Maori RC 7 January 2019 - R 4 - Chair, Mr T Utikere

Created on 08 January 2019

Rules:
638(1)(d)
Committee:
TUtikere (chair)
TCastles
Name(s):
Ms J Fawcett - Licensed Apprentice Jockey
Mr N Goodwin - Stipendiary Steward
Mrs K Clapperton - Apprentice Jockey Mentor assisting Ms Fawcett
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A12117
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 4 (VETS ON RIVERBANK 1400), Information A12117 was filed with the Judicial Committee. It alleged a breach of Rule 638(1)(d) by Apprentice Jockey, Ms Jasmine Fawcett. The Information alleged that: ”Jasmine Fawcett (LO SCHIAFFO) allowed her mount to shift out near the 350m crowding NADERA (S McKay), which was checked and forced wide crowding VELOCE (Z Moki) and OUTTHEGATE (L Hemi)”.

Rule 638(1)(d) states:
“A Rider shall not ride a horse in a manner which the Judicial Committee considers to be: … (d) careless.”

Ms Fawcett, assisted by Mrs Clapperton, confirmed to the Committee that she understood Rule 638(1)(d), and that she admitted the breach.

Using the available back straight, head-on, side-on and rear view films, Mr Goodwin identified the four runners passing the 400 metres. Ms Fawcett had looked to her outside before allowing her mount to shift outwards. It was at that point that she drew her whip and used it four times at the point of the turn. It was the contention of the Stewards that she should have not used her whip at that time, as the result was tightening to Mr McKay who was racing to her immediate outside, causing him to check. Along with the other two runners to his outside (VELOCE and OUTTHEGATE), all three covered considerable extra ground as a result. As a result of Ms Fawcett’s lack of control, Mr Goodwin estimated she had moved at least four horse widths, possible more.

Mr Oatham described Ms Fawcett’s actions as simply failing to steer her horse around the corner.

Ms Fawcett stated that it was wrong of her to use the whip on the turn. Approaching the turn, her intention was to follow Mrs Allpress (SURVEILLANCE), but she didn’t expect her horse to roll out to the extent that it had. She also wanted the horse to do well as she was riding it for her boss. She also confirmed that her horse was not balanced as a result of using her whip at that point in the race.

Mrs Clapperton confirmed that it was the intention of the respondent to following Mrs Allpress into the turn, but that Ms Fawcett, in using the whip, this allowed her horse to keep moving outwards.

Decision:

As the charge was admitted, the Committee deem the charge proved.

Submission For Penalty:

In presenting the respondent’s record, Mr Oatham identified six breaches within the previous 12 months (Counties, 24 November - 10 Days; Ashburton, 20 October - 8 Days; Tauranga, 1 August - 7 days; Whangarei, 30 June - 7 Days; Whangarei, 16 May - 7 days; Rotorua, 2 April - 5 days). He identified that Ms Fawcett’s record was of some concern to Stewards; who had worked with her along with the National Riding Mentor (Mr Noel Harris) with limited success. He submitted that the level of carelessness sat at the mid-range as she had allowed her horse to move outwards causing a check to Mr McKay and some interference to the other runners, although he conceded that the interference to those runners was not overly high.

Ms Fawcett told the Committee that she was concerned that she was making the wrong decisions and that she was putting herself under pressure to be the best she possibly could be. She believed that her mistakes were “made on desperation”, and that she needed to learn to control herself and her horse better. She believed she would have to use the time whilst suspended to work on this. Ms Fawcett advised of commitments at the Wanganui Meeting on 10 January.

Mrs Clapperton submitted that NZTR was working with Ms Fawcett to try and rectify her riding and that she had been very honest and frank with her admission.

In response to a question from the Committee, Mrs Clapperton agreed that further mentoring opportunities needed to be made available to Ms Fawcett so she could work on areas that were clearly getting her into trouble with her riding.

Mr Oatham also agreed that this would be a positive step.

Reasons For Penalty:

The Committee considered all of the submissions placed before it. We determined that the level of carelessness fell within the mid-range and adopted the JCA Penalty Guidelines starting point of an 8 day suspension. Ms Fawcett had moved from a two-wide to seven-wide position at the point of the turn. Her decision to use her whip on at least three to four occasion, at the point of the turn, was not a wise one. This compounded the effect of her horse moving wider on the track, causing tightening to Mr McKay who then that to check. Ms Moki and Ms Hemi were also inconvenienced as a result. A significant aggravating factor is the respondent’s record under this rule. This is her seventh breach within the previous 12 month period, making her record one of the worst, if not the worst, in the country. For this reason, we uplift our starting point to one of 14 day suspension. In mitigation we apply her early admission of the breach and also note her willingness to work with Mrs Clapperton to try and address the issue that she has. The end result will be a 13 days period of suspension to take effect after racing at Wanganui on 10 January.

As previously mentioned, we are concerned with the frequency of Ms Fawcett’s offending in relation to the careless riding rule. The Committee notes, that if this breach had occurred two weeks prior, it would have been the respondent’s 10th breach within a 12 month period. We have not considered those three breaches (29 December 2017, 31 December 2017 and 1 January 2018) for the purpose of penalty as they fall outside of the current 12 month period. However, it does paint a global picture that lends weight to the fact that Ms Fawcett clearly has an issue with her riding. She also accepts that. Mrs Clapperton has advised the Committee that she will facilitate further mentoring opportunities, which we believe will be of benefit to Ms Fawcett.

Penalty:

Ms Fawcett’s Licence is suspended from the conclusion of racing on Thursday 10 January until the conclusion of racing on Saturday 26 January 2019.

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