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Non Raceday Inquiry RIU v W Pinn - Written Decision dated 24 May 2021 - Chair, Mr N McCutcheon

Created on 25 May 2021

BEFORE A JUDICIAL COMMITTEE OF THE JUDICIAL CONTROL AUTHORITY UNDER THE RACING ACT 2003

AND IN THE MATTER of the New Zealand Thoroughbred Rules of Racing

BETWEEN Mr M Williamson of the Racing Integrity Unit (RIU)

Informant

And Mr W Pinn (Class B Apprentice Jockey)

Respondent

Information No: A14418

Plea: Admitted

Judicial Committee: Mr N McCutcheon, Chairman

Mr B Scott, Member

Present: Mr M Williamson, Mr A Coles (Stipendiary Steward)

Mr W Pinn and Mr D Miller assisting Mr Pinn

The Charge was heard at Te Rapa Racecourse on 22 May 2021

Date of oral decision: 22 May 2021

Date of written decision: 24 May 2021

DECISION OF THE JUDICIAL COMMITTEE

The Judicial Committee was in receipt of a document from the RIU Manager giving approval for the charge to be preferred.

This matter arises from the Whangarei Racing Club on 5 May 2021. Mr Pinn the Rider of EMPRESS QI in Race 3 (Sportsman Reuben Lewis Memorial) is charged with an offence within the meaning of Rule 636(1)(b) in that by being the holder of a Class B Jockey Licence failed to take all reasonable and permissible measures throughout the Race to give EMPRESS QI full opportunity to win or obtain the best possible finishing place, in that you:

1. Failed to show sufficient vigour when riding EMPRESS QI in the final 400m when it was reasonable and permissible for you to do so.

Rule 636(1)(b) states:

A person:

(b) being the rider of a horse in a race must take all reasonable and permissible measures throughout the race to ensure that his horse is given full opportunity to win the race or to obtain the best possible finishing place.

Mr Pinn in the presence of Mr Miller said that he understood the Rule, Charge and confirmed that he admitted the breach.

Evidence:

Mr Coles showed film replays of the race and said that EMPRESS QI started from Barrier 8 and had raced in a loose 3-wide position until entering the final straight as it could not get closer to the running rail.

Mr Coles said that from the 400m Mr Pinn did not ride out hands and heels and did not use the whip. He said that you could actually see him sit up in the saddle. He added that he (Mr Pinn) did not show sufficient vigour to demonstrate that the horse could not finish in a better position.

Mr Williamson invited the Committee to watch the horses GREGORY and QUEEN SARABI who were placed either side of EMPRESS QI. He said that both of those horses had been ridden with vigour and given every opportunity to finish in the best possible position. He said that although both of those horses were weakening they were still ridden with vigour to obtain the best possible position.

Mr Miller said that EMPRESS QI was 3-wide on the speed and had had a tough run. He said that the horse was not travelling on the point of the turn and that there was no point in over exerting him if it was not going to finish 6th or 7th. He added that the horse was crossed by other horses and had nowhere to go. He said that the horse was not restrained at any time and that he (Mr Pinn) let the horse coast pretty much.

Mr Pinn did not comment.

Decision:

As the Charge was admitted it was deemed proved by the Committee.

Penalty Submissions:

1. Mr Williamson submitted that Mr Pinn must be penalised for his actions in order to protect and maintain the standards set by Racing Authorities concerning public and Industry confidence.

2. Mr Pinn has had 625 race rides which have resulted in 71 wins.

3. That the breach was admitted.

4. Mr Pinn had a previous breach of the Rule 636(1)(b) on 2 January 2021 at Racing Tauranga. The penalty imposed was a suspension of his licence for 9 National riding days.

5. The penalty imposed should be a deterrent. International viewers are witnessing and investing on races from New Zealand and Apprentice W Pinn’s actions or lack thereof, fall well below what is expected from any Jockey.

6. Penalties imposed on Apprentice Riders under this Rule have incurred a 5-day suspension and two 9-day suspensions. This is Mr Pinn’s second breach of the Rule in a relatively short period of time and the penalty imposed should reflect this as to maintain public confidence in Jockeys and the Industry.

Mr Miller asked that his earlier comments be taken into consideration.

Reasons for Penalty:

The Committee considered all submissions plus the viewing of all film replays when considering an appropriate penalty following Mr Pinn’s ride on EMPRESS QI in Race 3 at the Whangarei Racing Club meeting on 5 May 2021.

The JCA Penalty Guide starting point for a breach of Rule 636(1)(b) is a 6-week suspension. The Committee was very concerned that this was Mr Pinn’s second breach of the Rule since 2 January 2021. On that occasion Mr Pinn was suspended for just short of 3 weeks which comprised of 9 National race days.

It would appear that the suspension imposed on that occasion did not have the desired effect in so far as a deterrent is concerned. All riders must demonstrate to punters and officials at all times, that their respective mounts have been given full opportunity to finish in the best possible position. Punters are the lifeblood of racing and must get a fair run for their investment.

The Committee took into account the admission of the breach, Mr Pinn’s record and the JCA starting point for a breach of Rule 636(1)(b).

The aggravating factor was that this was the second breach of the Rule in a short period of time and a very clear breach of the Rule, as there was a total lack of vigour shown at any stage of the event by Mr Pinn and in particular over the final 400m when it was reasonable and permissible for him to do so.

The Committee adopted a starting point of a 7-week suspension, however due to the admission of the breach we gave a discount of one week.

Penalty:

Mr Pinn’s Apprentice Jockey’s Licence was suspended from 29 May 2021 up to and including racing on 10 July 2021 (6 weeks).

N McCutcheon

Chair

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