Adjourned hearing Canterbury R 12 September 2020 – R 8 (heard 18 September at Ashburton) – Chair, Mr S Ching

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decisiondate: 21/09/2020

hearing_title: Adjourned hearing Canterbury R 12 September 2020 - R 8 (heard 18 September at Ashburton) - Chair, Mr S Ching

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RACEDAY JUDICIAL COMMITTEE DECISION
Informant: J Oatham - Chief Stipendiary Steward
Respondent: S Wynne -Licensed Jockey (Class A)
Information No: A12833
Meeting: Canterbury Racing
Date: 12 September 2020 (heard 18 September 2020 at Ashburton)
Venue: Riccarton
Race: 8
Rule No: 638(3)(b)(ii)
Judicial Committee: S Ching, Chairman, - R McKenzie, Member
Also Present: Mr M Davidson, Stipendiary Steward
Plea: Admitted

FACTS:
This hearing was adjourned on the day and consequently heard at the Ashburton Racing Club race meeting on 18 September 2020.

Following the running of Race 8, the Racecourse Hotel & Motor Lodge Rating 65 Handicap, an Information was filed by Chief Stipendiary Steward, Mr J Oatham, against Jockey (Class A), Ms S Wynne, alleging that, as the rider of ITSONLYMONEY in race 8, she struck her mount 8 times 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. 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.

SUBMISSIONS:
Mr Oatham, with the assistance of Stipendiary Steward, Mr M Davidson, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Ms Wynne riding ITSONLYMONEY, positioned as the field entered the straight. Mr Oatham stated that Ms Wynne drew the whip and used it on 8 occasions prior to the 100m. He added that the strikes were not consecutive, and that the offence was low level.

Ms Wynne did not dispute the number of strikes.

DECISION:
Ms Wynne having admitted the breach; the charge was found proved.

PENALTY SUBMISSIONS:
Mr Oatham told the Committee that Ms Wynne had 2 previous breaches of this Rule being (1) Riccarton on 16 November 2019 in a Group 3 race, the New Zealand Cup, where she received a 10 National Day suspension for 13 strikes prior to the 100m. (2) 27 June 2020, $400 fine for 9 strikes at Riccarton. Mr Oatham stated that the JCA Penalty Guide provided a 6 National Day suspension for a third offence of this Rule within a 12-month period. He submitted that the breach was low range and there were no aggravating factors to consider.

Deferment was discussed with Miss Wynne electing to take any suspension as soon as possible.

PENALTY REASONS:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 6 National Day suspension, mitigation inclusive, for a third offence of this Rule. We determined that there were no aggravating factors to consider, therefore no uplift in penalty warranted.

We therefore determined that a 6 National Day suspension was an appropriate penalty in this case.

PENALTY:
Accordingly, Ms Wynne is suspended from the conclusion of racing 18 September up to and including 2 October 2020.

S Ching
Chairman
18 September 2020

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