R Te Aroha 21 October 2015 – R 10 – Chair, Mr A Dooley
ID: JCA14086
Code:
Thoroughbred
Meet Title:
Racing Te Aroha - 21 October 2015
Meet Chair:
ADooley
Race Date:
2015/10/21
Race Number:
R10
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’s had her license to ride in races suspended for a period to commence after racing on 28 October and conclude after racing on 4 November 2015 (4 days).
Facts:
Following the running of race 10, Donaghys Pro Equine 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Schwerin permitted her mount to shift inwards when not sufficiently clear of KAREN IRIS and WHAKATANE which were checked near the 1300 metres.
Ms Schwerin acknowledged that she understood the Rule and confirmed her admission of the breach. Mr A Scott 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 Oatham demonstrated on the head – on film that Ms Schwerin permitted her mount to shift in closer to the running rail when only a bare length clear of KAREN IRIS. He said this resulted in KAREN IRIS clipping a heel and blundering which then caused crowding to WHAKATANE who had to be checked.
Ms Schwerin said initially she had received a little bit of pressure from a horse on her outer but conceded she was not the required distance clear when allowing her mount to shift in.
Mr Scott was of the view that Ms Schwerin has falling into the category of racing on wet tracks and riding loose and now racing on drier tracks.
Submissions for Penalty:
Mr Coles produced Ms Schwerin’s record which showed 2 previous breaches under this Rule in the last 12 months the most recent being 16 September which incurred a 4 day suspension. He said Ms Schwerin should be given credit for her admission of the breach and her very good record. He described the level of carelessness as low to mid – range.
Ms Schwerin advised that she had upcoming engagements at Whangarei on 28 October, and sought a deferment to any proposed suspension. She added that it was her intention to ride at New Plymouth on 29 October a meeting scheduled for Apprentice riders only and requested for this date to be included in her penalty.
Mr Oatham advised when he served the Information on Ms Schwerin she had informed him that it was her intention to ride at New Plymouth. He believed that race meeting should be included in any proposed suspension.
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 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 KAREN IRIS clipping a heel and blundering this in turn caused WHAKATANE to be checked. The carelessness was assessed as low to mid – range.
The Committee accepts that given the fact 29 October at New Plymouth is scheduled for Apprentice riders only this date can be legitimately included in Ms Schwerin’s 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: 96bbe4e3781b313a43743b172b410ecf
informantnumber: A4395
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 22/10/2015
hearing_title: R Te Aroha 21 October 2015 - R 10 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 10, Donaghys Pro Equine 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Schwerin permitted her mount to shift inwards when not sufficiently clear of KAREN IRIS and WHAKATANE which were checked near the 1300 metres.
Ms Schwerin acknowledged that she understood the Rule and confirmed her admission of the breach. Mr A Scott 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 Oatham demonstrated on the head – on film that Ms Schwerin permitted her mount to shift in closer to the running rail when only a bare length clear of KAREN IRIS. He said this resulted in KAREN IRIS clipping a heel and blundering which then caused crowding to WHAKATANE who had to be checked.
Ms Schwerin said initially she had received a little bit of pressure from a horse on her outer but conceded she was not the required distance clear when allowing her mount to shift in.
Mr Scott was of the view that Ms Schwerin has falling into the category of racing on wet tracks and riding loose and now racing on drier tracks.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Schwerin admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Ms Schwerin’s record which showed 2 previous breaches under this Rule in the last 12 months the most recent being 16 September which incurred a 4 day suspension. He said Ms Schwerin should be given credit for her admission of the breach and her very good record. He described the level of carelessness as low to mid – range.
Ms Schwerin advised that she had upcoming engagements at Whangarei on 28 October, and sought a deferment to any proposed suspension. She added that it was her intention to ride at New Plymouth on 29 October a meeting scheduled for Apprentice riders only and requested for this date to be included in her penalty.
Mr Oatham advised when he served the Information on Ms Schwerin she had informed him that it was her intention to ride at New Plymouth. He believed that race meeting should be included in any proposed suspension.
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 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 KAREN IRIS clipping a heel and blundering this in turn caused WHAKATANE to be checked. The carelessness was assessed as low to mid – range.
The Committee accepts that given the fact 29 October at New Plymouth is scheduled for Apprentice riders only this date can be legitimately included in Ms Schwerin’s 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’s had her license to ride in races suspended for a period to commence after racing on 28 October and conclude after racing on 4 November 2015 (4 days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Ms A Schwerin - Apprentice Rider
Otherperson: Mr A Scott - Trainer assisting Ms Schwerin, Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 6a519e27a30b04aed95d02d5afd7f0f9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 96eaf2bd03de600177676017be66e050
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/10/2015
meet_title: Racing Te Aroha - 21 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: racing-te-aroha
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Racing Te Aroha