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Whangarei RC 30 August 2014 – R 5

ID: JCA10616

Applicant:
Mr M Williamson - Stipendiary Steward

Respondent(s):
Miss A Schwerin - Apprentice Jockey

Other Person:
Mr S McKee - Assisting Miss Schwerin, Mr W Robinson - Stipendiary Steward

Information Number:
A4136

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
R 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 30 August 2014

Meet Chair:
GJones

Meet Committee Member 1:
TDavies

Race Date:
2014/08/30

Race Number:
R 5

Decision:

As Miss Schwerin admitted the breach we find the charge proved.

Penalty:

Accordingly, we impose a suspension which will commence after racing on 30 August 2014 and conclude after racing on 10 September 2014 (5 days).

The penalty does not include any South Island meetings as Miss Schwerin confirmed that she did not intend riding there and she does not have a record of riding in the South Island.

That period of suspension encompasses meetings at Pukekohe (03/09/14), New Plymouth (04/09/14), Tauranga (05/09/14), Auckland (06/09/14) and Hamilton (10/09/14). 

Facts:

Following the running of Race 5, the Good Luck Rising Romance for Your Aussie Campaign 1200, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that “near the 300m A Schwerin (ZUCCATO) angled her mount out when not sufficiently clear of WAY IN (J Wong) which was checked with ZUCCATO then making contact with SOUTHERN ICON (R Hannam) which was badly hampered”.

Apprentice Jockey Miss Schwerin was supported at the hearing by her Employer, Mr S McKee. She told the Committee that she understood the nature of the charge and confirmed her admission of the breach.

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

Stipendiary Steward Mr W Robinson demonstrated the incident using available video footage. He advised the Committee that shortly after entering the home straight, near the 300 metre mark, Miss Schwerin shifted outwards to take a gap. He said that in doing so she was not clear of WAY IN (J Wong) or SOUTHERN ICON (R Hannam). Mr Robinson said there was firm contact made with SOUTHERN ICON and WAY IN's progress was hampered. Mr Robinson said that all horses involved in the incident became unbalanced.

Miss Schwerin advised the Committee that she tried to angle out and her mount over-reacted. She acknowledged that she tried to force a run and would not do that again in the future.

Mr McKee said that Miss Schwerin demonstrated her inexperience noting that she has had a limited number of race day rides. 

Submissions for Penalty:

Mr Williamson advised that Miss Schwerin has not previously appeared before a Committee on a charge and prior to the meeting had 23 race day rides. He said that the incident resulted in the relegation of her mount from 3rd to 4th placing and the interference suffered by two horses was significant. Mr Williamson submitted that the breach could be dealt with by way of a 4 to 6 day suspension.

Mr McKee submitted that this was Miss Schwerin’s first breach which she readily admitted. He said she should be given credit for her inexperience. He advised that she had no confirmed riding commitments and therefore sought no deferment to any proposed suspension.

Mr McKee confirmed that Miss Schwerin rode only in the North Island at this stage of her career. 

Reasons for Penalty:

In determining penalty the Committee has taken into account the submissions of the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The Committee has adopted 5 riding days suspension as the starting point.

The mitigating factors are Miss Schwerin’s admission of the breach and her very good record, noting her inexperience and limited number of race day rides. As a result of this breach Miss Schwerin’s mount was relegated and two horses were severely affected. These are aggravating factors and we assess the breach at mid to high range.

After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 0dd5a19315f709911af136ae55363b3d


informantnumber: A4136


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 28/08/2014


hearing_title: Whangarei RC 30 August 2014 - R 5


charge:


facts:

Following the running of Race 5, the Good Luck Rising Romance for Your Aussie Campaign 1200, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that “near the 300m A Schwerin (ZUCCATO) angled her mount out when not sufficiently clear of WAY IN (J Wong) which was checked with ZUCCATO then making contact with SOUTHERN ICON (R Hannam) which was badly hampered”.

Apprentice Jockey Miss Schwerin was supported at the hearing by her Employer, Mr S McKee. She told the Committee that she understood the nature of the charge and confirmed her admission of the breach.

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

Stipendiary Steward Mr W Robinson demonstrated the incident using available video footage. He advised the Committee that shortly after entering the home straight, near the 300 metre mark, Miss Schwerin shifted outwards to take a gap. He said that in doing so she was not clear of WAY IN (J Wong) or SOUTHERN ICON (R Hannam). Mr Robinson said there was firm contact made with SOUTHERN ICON and WAY IN's progress was hampered. Mr Robinson said that all horses involved in the incident became unbalanced.

Miss Schwerin advised the Committee that she tried to angle out and her mount over-reacted. She acknowledged that she tried to force a run and would not do that again in the future.

Mr McKee said that Miss Schwerin demonstrated her inexperience noting that she has had a limited number of race day rides. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Schwerin admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Williamson advised that Miss Schwerin has not previously appeared before a Committee on a charge and prior to the meeting had 23 race day rides. He said that the incident resulted in the relegation of her mount from 3rd to 4th placing and the interference suffered by two horses was significant. Mr Williamson submitted that the breach could be dealt with by way of a 4 to 6 day suspension.

Mr McKee submitted that this was Miss Schwerin’s first breach which she readily admitted. He said she should be given credit for her inexperience. He advised that she had no confirmed riding commitments and therefore sought no deferment to any proposed suspension.

Mr McKee confirmed that Miss Schwerin rode only in the North Island at this stage of her career. 


reasonsforpenalty:

In determining penalty the Committee has taken into account the submissions of the Informant and Defendant, the Penalty Guidelines for Committees as well as recent penalties for similar breaches. The Committee has adopted 5 riding days suspension as the starting point.

The mitigating factors are Miss Schwerin’s admission of the breach and her very good record, noting her inexperience and limited number of race day rides. As a result of this breach Miss Schwerin’s mount was relegated and two horses were severely affected. These are aggravating factors and we assess the breach at mid to high range.

After taking into account all the above factors we consider an appropriate penalty is a 5 day suspension.


penalty:

Accordingly, we impose a suspension which will commence after racing on 30 August 2014 and conclude after racing on 10 September 2014 (5 days).

The penalty does not include any South Island meetings as Miss Schwerin confirmed that she did not intend riding there and she does not have a record of riding in the South Island.

That period of suspension encompasses meetings at Pukekohe (03/09/14), New Plymouth (04/09/14), Tauranga (05/09/14), Auckland (06/09/14) and Hamilton (10/09/14). 


hearing_type: Hearing


Rules: R 638(1)(d)


Informant: Mr M Williamson - Stipendiary Steward


JockeysandTrainer: Miss A Schwerin - Apprentice Jockey


Otherperson: Mr S McKee - Assisting Miss Schwerin, Mr W Robinson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 88cc71c83acb380660a98b920f49c566


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 05c52b62e0f9b3985e2a80b62723a1fd


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/08/2014


meet_title: Whangarei RC - 30 August 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: GJones


meet_pm1: TDavies


meet_pm2: none


name: Whangarei RC