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R Matamata 2 December 2010 - R 9

Created on 06 December 2010

Rules:
638(1)(d)
Committee:
BRowe (chair)
AGodsalve
Name(s):
Ms M Wenn
Mr A Coles
Stipendiary Steward
Informant
Mr J Oatham
Stipendiary Steward
Information Number
380
Plea:
Admitted
Charge:

Permitted her mount AGENDA to shift inwards near the winning post on the first occasion when not sufficiently clear forcing the THE PARTY STAND inwards causing crowding to FYRA SATIN, CITY BLUES and COMMIE STAR which was checked.

Evidence:

Stipendiary Steward Mr A Coles showed and interpreted the video films of the incident. He said just past the winning post with a round to go Ms Wenn moved AGENDA from five wide to three wide when only about one length ahead of THE PARTY STAND. This forced THE PARTY STAND inwards causing crowding to FYRA SATIN, CITY BLUES and COMMIE STAR which was “checked out of it”. He said FYRA SATIN was over-racing and that contributed to the check to COMMIE STAR.

Ms Wenn acknowledged she took the line of THE PARTY STAND, said she moved AGENDA across gradually and “pulled the horse off” when M Cameron rider of THE PARTY STAND called out.

Decision:

As Ms Wenn admitted the breach of Rule 638(1)(d) the charge is proved.

Submission For Penalty:

Mr Oatham said Ms Wenn had breached the careless riding rule on 7 June and 28 October 2010 and was suspended for four days on each occasion. He referred to the over-racing of FYRA SATIN as a mitigating factor and said the offending was still mid range – four horses were affected, COMMIE STAR seriously so. He submitted that a 4 – 5 days suspension was appropriate.

Ms Wenn accepted the submissions of Mr Oatham. She said she had riding engagements up to and including 9 December 2010.

Reasons For Penalty:

In fixing penalty the committee takes into account the admission of the breach, the submissions of Mr. Oatham and the acceptance of them by Ms Wenn, the two previous breaches of the rule, the starting point of five days suspension and views the offending as mid range.

Penalty:

Balancing the above matters but with emphasis on this being Ms Wenn’s third breach of the rule in the last six months, Ms Wenn’s riders licence is suspended for five days commencing end of racing 9 December and concluding at the end of racing on 16 December 2010.

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