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R Tauranga 1 August 2018 - R 6 - Chair, Mr A Dooley

Created on 02 August 2018

Rules:
638(1)(d)
Committee:
ADooley (chair)
Name(s):
Miss J Fawcett - Apprentice Rider of IRONBARK
Mr J Pender - Trainer
assisting Miss Fawcett
Mr J Oatham - Chief Stipendiary Steward
Informant
Mr B Jones - Stipendiary Steward
Information Number
A09656
Plea:
Admitted
Charge:
Careless Riding
Evidence:

Following the running of Race 6, Financial Independence 1400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Jones, alleged that Miss Fawcett permitted her mount to shift inwards when not sufficiently clear of VINCENTIUS which was dictated inwards resulting in SUN GENES being checked near the 900 metres.

Miss Fawcett acknowledged that she understood the Rule and confirmed her admission of the breach. Mr J Pender, Trainer, assisted Miss Fawcett at the hearing.

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

Mr Oatham demonstrated the incident using the available video footage. He pointed out that Miss Fawcett was going forward and racing in a 3 wide position passing the 1000 metres. He said shortly after that point Miss Fawcett made an error of judgement when allowing her mount to shift in when only a bare length clear of VINCENTIUS. As a result that runner was dictated inwards resulting in SUN GENES being crowded and checked. Mr Oatham recognised that SUN GENES was over - racing prior to this incident. He added that Miss Fawcett erred by taking a hold of her mount when it was crossing over to lead the field.

Miss Fawcett accepted Mr Oatham’s interpretation of the incident and she had nothing further to add.

Mr Pender said the interference to VINCENTIUS was minor and added that SUN GENES' racing manners made the incident look worse than it actually was.

Decision:

As Miss Fawcett admitted the breach the Committee found the charge proved.

Submission For Penalty:

Mr Jones said there were some mitigating factors in this charge and he described the level of carelessness as low range. He said that Miss Fawcett’s record was of concern to the Stewards with today being her 8th breach in the last 12 months. The most recent breach was on 30 June where she incurred a 7 day suspension for low range carelessness. He said Miss Fawcett was a relatively inexperienced apprentice rider and he would let the Committee determine an appropriate penalty.

Miss Fawcett submitted that she had engagements at Te Rapa on 4 August and any proposed suspension could start after that date.

Mr Pender had no submissions on penalty.

Reasons For Penalty:

The Committee carefully considered all of the evidence and submissions presented.

When reviewing the video footage it was clear that Miss Fawcett permitted her mount IRONBARK to shift in 1 horse width when only 1 length clear of VINCENTIUS. As a result that runner was dictated into the rightful running line of SUN GENES which was crowded and checked near the 900 metres. The incident was exacerbated because SUN GENES raced ungenerously when restrained by its rider.

It is relevant to note that prior to Miss Fawcett shifting in SUN GENES got its head up passing the 1200 metres having to be firmly restrained to avoid the heels of TIME ALONE. It was evident that SUN GENES was over-racing prior to the incident.

The Committee deemed the level of carelessness displayed by Miss Fawcett was low range. The JCA Penalty Guide starting point of 6 national riding days was adopted.

The aggravating factor was Miss Fawcett’s appalling record under this Rule which on this occasion necessitated a 2 day uplift in penalty.

The mitigating factors were Miss Fawcett’s admission of the breach and the racing manners of SUN GENES contributed to the breach. For these combined factors Miss Fawcett was afforded a 1 day discount in penalty.

The NZTR records show that Miss Fawcett had 430 rides in the 2017/ 2018 season.

After taking into account all the above factors the Committee considered that a 7 day suspension was appropriate.

Penalty:

Accordingly, Miss Fawcett had her license to ride in races suspended for a period to commence after racing on 4 August and conclude after racing on 19 August 2018.

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