Ashburton RC 29 October 2020 – R 6 – Chair, Mr S Ching
ID: JCA12037
Code:
Thoroughbred
Meet Title:
Ashburton RC - 29 October 2020
Meet Chair:
SChing
Race Date:
2020/10/29
Race Number:
R6
Decision:
Ms Wynne having admitted the breach; the charge was found proved.
Penalty:
Accordingly, Ms Wynne is suspended from the conclusion of racing, 31 October up to and including 10 November 2020. Of note, this period of suspension does not include the meetings at Pukekohe and Awapuni on 31 October as fields were drawn and riders had been declared for both meetings.
Facts:
Following the running of Race 6, the Kaiso Syndicate 2200, an Information was filed by Stipendiary Steward, Ms V Algar, against Licensed Jockey (Class A), Ms S Wynne, alleging that, as the rider of RUMOUR HAS IT in the race, she used her whip excessively prior to the 100m.
Ms Wynne was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which she confirmed to the hearing. She also confirmed that she understood the rule she was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Ms Algar, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Ms Wynne riding RUMOUR HAS IT, positioned wide on the track and in contention as the field turned for home. He said that Ms Wynne drew the whip and used it on 8 occasions prior to the 100m.
Ms Wynne did not dispute the number of strikes and stated that as she was so wide on the track, she had misjudged her position on the track.
Submissions for Penalty:
Ms Algar told the Committee that Ms Wynne’s record showed three prior breaches being 16 November 2109 at Riccarton where she received a 10 day suspension for 13 strikes in the NZ Cup, 26 June 2020 at Riccarton- 9 strikes- $400 fine and 12 September 2020 where she received a 6 day suspension for 8 strikes. She said that the JCA Penalty Guide provides a starting point of a 6-day suspension for a 3rd or subsequent breach of this rule. Ms Algar added that there were no aggravating factors to consider and submitted that a suspension as per the Penalty Guide be considered as penalty.
Ms Wynne asked the Committee to take into consideration the fact that the NZ Cup meeting was coming up and if that was to be affected, submitted that a suspension and a fine be considered as penalty. She also asked that any suspension start as soon as possible after racing at Awapuni on Saturday 31 October, as she had engagements at that meeting with the fields drawn and riders declared.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6-day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule. Although this was Ms Wynne’s 4th breach in 12 months, the Committee determined that there were no aggravating factors to consider and therefore no uplift warranted. Ms Wynne’s submission for a suspension and fine was considered and rejected as there were not extenuating circumstances to the level that would qualify for consideration. The Committee therefore determined that a 6 National Day suspension was appropriate as penalty.
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: 319e9d8934f2bb4e41b0081e9d99b451
informantnumber: A11973
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 30/10/2020
hearing_title: Ashburton RC 29 October 2020 - R 6 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the Kaiso Syndicate 2200, an Information was filed by Stipendiary Steward, Ms V Algar, against Licensed Jockey (Class A), Ms S Wynne, alleging that, as the rider of RUMOUR HAS IT in the race, she used her whip excessively prior to the 100m.
Ms Wynne was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which she confirmed to the hearing. She also confirmed that she understood the rule she was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Ms Algar, with the assistance of Chief Stipendiary Steward, Mr J Oatham, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Ms Wynne riding RUMOUR HAS IT, positioned wide on the track and in contention as the field turned for home. He said that Ms Wynne drew the whip and used it on 8 occasions prior to the 100m.
Ms Wynne did not dispute the number of strikes and stated that as she was so wide on the track, she had misjudged her position on the track.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Wynne having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Ms Algar told the Committee that Ms Wynne’s record showed three prior breaches being 16 November 2109 at Riccarton where she received a 10 day suspension for 13 strikes in the NZ Cup, 26 June 2020 at Riccarton- 9 strikes- $400 fine and 12 September 2020 where she received a 6 day suspension for 8 strikes. She said that the JCA Penalty Guide provides a starting point of a 6-day suspension for a 3rd or subsequent breach of this rule. Ms Algar added that there were no aggravating factors to consider and submitted that a suspension as per the Penalty Guide be considered as penalty.
Ms Wynne asked the Committee to take into consideration the fact that the NZ Cup meeting was coming up and if that was to be affected, submitted that a suspension and a fine be considered as penalty. She also asked that any suspension start as soon as possible after racing at Awapuni on Saturday 31 October, as she had engagements at that meeting with the fields drawn and riders declared.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6-day suspension, mitigation inclusive, for a 3rd and subsequent breach of this rule. Although this was Ms Wynne’s 4th breach in 12 months, the Committee determined that there were no aggravating factors to consider and therefore no uplift warranted. Ms Wynne’s submission for a suspension and fine was considered and rejected as there were not extenuating circumstances to the level that would qualify for consideration. The Committee therefore determined that a 6 National Day suspension was appropriate as penalty.
penalty:
Accordingly, Ms Wynne is suspended from the conclusion of racing, 31 October up to and including 10 November 2020. Of note, this period of suspension does not include the meetings at Pukekohe and Awapuni on 31 October as fields were drawn and riders had been declared for both meetings.
hearing_type: Hearing
Rules: 638 (3) (b) (ii)
Informant: V Algar- Stipendiary Steward
JockeysandTrainer: S Wynne-Licensed Jockey (Class A)
Otherperson: Mr J Oatham - Chief Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: fad3b50d7851f5717a6af192f1e8e03f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 4331e2760aa7a34333f0528431421fa0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/10/2020
meet_title: Ashburton RC - 29 October 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-rc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Ashburton RC