Matamata RC 16 September 2015 – R 8 – Chair, Mr A Dooley
ID: JCA10805
Code:
Thoroughbred
Meet Title:
Racing Matamata - 16 September 2015
Meet Chair:
ADooley
Race Date:
2015/09/16
Race Number:
Race 8
Decision:
As Ms Schwerin admitted the breach the Committee find the charge proved.
Penalty:
The Committee grant Ms Schwerin’s request to seek a deferment to her suspension as per Rule 1106(2).
Accordingly, Ms Schwerin had her license to ride in races suspended for a period to commence after racing on 19 September and conclude after racing on 30 September (4 days).
Facts:
Following the running of race 8, Mitavite 2000, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Jones, alleged that near the 100 metres Ms Schwerin allowed her mount to shift out under pressure when not the required distance clear of LUCKY DESIRE (S Spratt) which was checked.
Ms Schwerin acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Schwerin 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 Williamson demonstrated on the video footage that near the 100 metres Ms Schwerin was riding THE SHACKLER forward with the whip when it was shifting outwards. He said this resulted in LUCKY DESIRE being checked but he believed that horse was weakening at the point of interference.
Mr Williamson said in mitigation Ms Schwerin’s mount was racing greenly and she made a slight effort to restrain THE SHACKLER.
Ms Schwerin admitted that she caused interference to LUCKY DESIRE but identified that FORBIDDEN contributed to the interference by moving in when her mount shifted out.
Mr Harris said Ms Schwerin was hitting her mount on the neck and normally horses would run in. He said it was unfortunate for Ms Schwerin that THE SHACKLER reacted by shifting out.
Submissions for Penalty:
Mr Jones produced Ms Schwerin’s record which showed 1 previous breach under this Rule in the last 12 months which incurred a 4 day suspension. He said this was a good record and described the level of carelessness as low to mid – range. He submitted a 4 day suspension would be appropriate.
Mr Jones was unable to provide Ms Schwerin’s recent riding history.
Ms Schwerin advised that she had upcoming engagements at Avondale on 19 September, and sought a deferment to any proposed suspension.
When questioned Ms Schwerin advised that she had not ridden in the Central Region on Industry days. She added that it was her intention to ride on one occasion at Otaki but the meeting was abandoned.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Ms Schwerin’s admission of the breach and her very good record in relation to this Rule for which she has been given credit for. However, this has to be balanced against the consequences of Ms Schwerin’s actions which resulted in LUCKY DESIRE being checked. Ms Schwerin erred in continuing to ride her mount forward when it was moving out. The level of carelessness was low to mid – range because Ms Schwerin moved out about 4 horse widths.
Ms Schwerin has no recent history of riding in the Central Region and this is reflected in penalty.
After taking into account all the above factors the Committee considers an appropriate suspension is 4 days.
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: 02ebc49eedce1a68439c61ef5dcb0b1e
informantnumber: A4574
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 17/09/2015
hearing_title: Matamata RC 16 September 2015 - R 8 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 8, Mitavite 2000, an Information was filed pursuant to Rule 638 (1) (d). The Informant, Mr Jones, alleged that near the 100 metres Ms Schwerin allowed her mount to shift out under pressure when not the required distance clear of LUCKY DESIRE (S Spratt) which was checked.
Ms Schwerin acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Schwerin 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 Williamson demonstrated on the video footage that near the 100 metres Ms Schwerin was riding THE SHACKLER forward with the whip when it was shifting outwards. He said this resulted in LUCKY DESIRE being checked but he believed that horse was weakening at the point of interference.
Mr Williamson said in mitigation Ms Schwerin’s mount was racing greenly and she made a slight effort to restrain THE SHACKLER.
Ms Schwerin admitted that she caused interference to LUCKY DESIRE but identified that FORBIDDEN contributed to the interference by moving in when her mount shifted out.
Mr Harris said Ms Schwerin was hitting her mount on the neck and normally horses would run in. He said it was unfortunate for Ms Schwerin that THE SHACKLER reacted by shifting out.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Schwerin admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Jones produced Ms Schwerin’s record which showed 1 previous breach under this Rule in the last 12 months which incurred a 4 day suspension. He said this was a good record and described the level of carelessness as low to mid – range. He submitted a 4 day suspension would be appropriate.
Mr Jones was unable to provide Ms Schwerin’s recent riding history.
Ms Schwerin advised that she had upcoming engagements at Avondale on 19 September, and sought a deferment to any proposed suspension.
When questioned Ms Schwerin advised that she had not ridden in the Central Region on Industry days. She added that it was her intention to ride on one occasion at Otaki but the meeting was abandoned.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Ms Schwerin’s admission of the breach and her very good record in relation to this Rule for which she has been given credit for. However, this has to be balanced against the consequences of Ms Schwerin’s actions which resulted in LUCKY DESIRE being checked. Ms Schwerin erred in continuing to ride her mount forward when it was moving out. The level of carelessness was low to mid – range because Ms Schwerin moved out about 4 horse widths.
Ms Schwerin has no recent history of riding in the Central Region and this is reflected in penalty.
After taking into account all the above factors the Committee considers an appropriate suspension is 4 days.
penalty:
The Committee grant Ms Schwerin’s request to seek a deferment to her suspension as per Rule 1106(2).
Accordingly, Ms Schwerin had her license to ride in races suspended for a period to commence after racing on 19 September and conclude after racing on 30 September (4 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr B Jones - Stipendiary Steward
JockeysandTrainer: Ms A Schwerin - Apprentice Rider
Otherperson: Mr M Williamson - Stipendiary Steward, Mr N Harris - Apprentice Jockey Mentor
PersonPresent:
Respondent:
StipendSteward:
raceid: 3c280dcee8b9d3e780d6b261478ecd28
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
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meetid: 128535134917a3035203fa724070b84e
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/09/2015
meet_title: Racing Matamata - 16 September 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-matamata
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Matamata