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Waimate RC 13 June 2021 - R 8 - Chair, Mr D Anderson

Created on 15 June 2021

Rules:
638(1)(d)
Committee:
DAnderson (chair)
Name(s):
Miss M Gestain - Apprentice Jockey
Mr M Pitman - Licensed Trainer assisting Miss Gestain
Mr M Davidson - Stipendiary Steward
Informant
Mr J Oatham - Chief Stipendiary Steward
Information Number
A11975
Plea:
Admitted
Charge:
Alleged breach of Rule 638(1)(d) - Careless Riding
Evidence:

Following the running of Race 8 an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Apprentice Jockey Miss M Gestain in that she “allowed her mount OUR BOY RITCHIE to shift inwards passing the 2100 metres crowding and checking ANYTHINGCOULDHAPPEN and TAKE THE DEEL.”

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 Gestain had indicated on the Information that the breach of the Rule was admitted and she confirmed this at the hearing. Miss Gestain stated she understood the charge and the Rule it was brought under.

Mr Oatham with the assistance of Mr Davidson used video coverage to show Miss Gestain (OUR BOY RITCHIE) begin from barrier 7 at the 2200m start and after approximately 100 metres angle her mount inwards across both ANYTHINGCOULDHAPPEN and TAKE THE DEEL who were racing 2 and 3 wide respectively. Mr Davidson said at best Miss Gestain was only ¾ of a length clear when beginning this manoeuvre and he said this was also the opinion of the affected Jockeys Mr T Moseley and Mr K Chowdhoory. He pointed to these Jockeys yelling at Miss Gestain and although Miss Gestain could be seen straightening her horse, the damage had been done. Mr Oatham then showed all the available angles of film to redemonstrate the incident.

Miss Gestain had nothing to add to Mr Oatham’s and Mr Davidson’s assessment.

Mr Pitman said there was no doubt Miss Gestain has caused interference although he felt she had placed herself in a position where she had nowhere else to go. He said even this being so Miss Gestain should have been more aware of what was happening around her.

Decision:

As Miss Gestain admitted the breach the charge was found proved.

Submission For Penalty:

Mr Oatham stated Miss Gestain has now had four breaches under the Rule since November last year and related each of them to the Committee. He said the Stewards assessed this breach as mid to high-range as Miss Gestain’s actions had put two Riders and their horses at risk. He said the Stewards would have some compassion for Miss Gestain’s status as an Apprentice Rider and said the Committee may consider a suspension without the addition of a fine as appropriate.

Mr Pitman on Miss Gestain’s behalf endorsed Mr Oatham's submissions and added Miss Gestain was struggling financially and it was difficult for her to find race day rides. He said deferment wasn’t required for Miss Gestain.

Reasons For Penalty:

The Committee assessed this breach at the top end of mid-range and adopted the JCA revised Guidelines which provide a starting point of a 5-day suspension plus a fine of $500.

Miss Gestain’s record now, could be described as poor, and is an aggravating factor.

In mitigation Miss Gestain has admitted the breach and has shown genuine remorse for what had happened.

The Committee acknowledges Miss Gestain is financially restrained as alluded to by Mr Pitman, her employer.

With regard to the above factors the Committee considered a 7-day suspension as an appropriate penalty in this case.

Penalty:

Accordingly, Miss Gestain’s Apprentice Licence to ride is suspended for 7 riding days from the conclusion of racing today up to and including racing on the 25 June 2021.

At the completion of the hearing the Committee strongly urged Miss Gestain to be vigilant when shifting ground on the racetrack.

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