Archive Decision

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Hororata RC 27 March 2021 – R 8 – Chair, Mr D Anderson

ID: JCA14219

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Ms S Wynne - Class A Jockey

Other Person:
Mr M Davidson - Stipendiary Steward, Mr D Wadley - Stipendiary Steward

Information Number:
A14068

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
638(3)(b)(ii)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Hororata RC - 27 March 2021

Meet Chair:
DAnderson

Meet Committee Member 1:
PKnowles

Race Date:
2021/03/27

Race Number:
R 8

Decision:

As Ms Wynne had admitted the charge, it was deemed to be proved.

Penalty:

Accordingly, Ms Wynne’s licence to ride is suspended from the close of racing today up to and including racing on the 9th April 2021. In addition to this suspension Ms Wynne is fined $1000.

Facts:

Following the running of Race 8 an Information was filed by Chief Stipendiary Steward Mr J Oatham against Jockey Ms S Wynne, alleging a breach of Rule 638(3)(b) (ii) “Struck her mount BELLE FASCINO excessively prior to the 100 metres”

Ms Wynne acknowledged that she understood the Rule and confirmed her admission of the breach.

Rule 638(3)(b)(ii) reads 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

Mr Oatham demonstrated the incident using the available video footage. He identified Ms Wynne, the leader of the race in the home straight, and showed that she struck her mount 7 times prior to the 100 metres. He said from this point, although within the Rules, Ms Wynne rode a punishing finish to win the race and it wasn’t a good look for the Industry.

Ms Wynne made no submissions.

Submissions for Penalty:

Mr Oatham stated Ms Wynne has 2 previous breaches under the Rule in the last 6 months. The first in October where she incurred a 6-day suspension and in January where she received 4 days.

He said the Penalty Guide indicated a 2-day suspension plus a $2000 fine as a starting point. He said the previous Guidelines indicated a fine appropriate to the status of the race of which needs to be considered by the Committee. He said he would leave it to the Committee to find an appropriate penalty.

Ms Wynne asked the Committee for leniency because although it looked bad, it wasn’t the worst, and she had only been 2 strikes over the threshold. She said she would start any suspension immediately as she had many important rides at the next Riccarton meeting on the 10 April.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

This race was the South Island Breeders Stakes and carried a Group 3 assessment.

Unacceptable whip use must be denounced.

The Committee regard the lesser opportunities for South Island Jockeys to earn their living as a factor.

The NZTR Guidelines are no more than that and this Committee must factor in all considerations when using its discretion.

The Committee, in considering the above factors, find an appropriate and suitable penalty for Ms Wynne is a 6-day suspension and a $1000 fine.

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: a94f04ec50fbecc0c1a6033f9e34ee15


informantnumber: A14068


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 30/03/2021


hearing_title: Hororata RC 27 March 2021 - R 8 - Chair, Mr D Anderson


charge:


facts:

Following the running of Race 8 an Information was filed by Chief Stipendiary Steward Mr J Oatham against Jockey Ms S Wynne, alleging a breach of Rule 638(3)(b) (ii) “Struck her mount BELLE FASCINO excessively prior to the 100 metres”

Ms Wynne acknowledged that she understood the Rule and confirmed her admission of the breach.

Rule 638(3)(b)(ii) reads 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

Mr Oatham demonstrated the incident using the available video footage. He identified Ms Wynne, the leader of the race in the home straight, and showed that she struck her mount 7 times prior to the 100 metres. He said from this point, although within the Rules, Ms Wynne rode a punishing finish to win the race and it wasn’t a good look for the Industry.

Ms Wynne made no submissions.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Wynne had admitted the charge, it was deemed to be proved.


sumissionsforpenalty:

Mr Oatham stated Ms Wynne has 2 previous breaches under the Rule in the last 6 months. The first in October where she incurred a 6-day suspension and in January where she received 4 days.

He said the Penalty Guide indicated a 2-day suspension plus a $2000 fine as a starting point. He said the previous Guidelines indicated a fine appropriate to the status of the race of which needs to be considered by the Committee. He said he would leave it to the Committee to find an appropriate penalty.

Ms Wynne asked the Committee for leniency because although it looked bad, it wasn’t the worst, and she had only been 2 strikes over the threshold. She said she would start any suspension immediately as she had many important rides at the next Riccarton meeting on the 10 April.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

This race was the South Island Breeders Stakes and carried a Group 3 assessment.

Unacceptable whip use must be denounced.

The Committee regard the lesser opportunities for South Island Jockeys to earn their living as a factor.

The NZTR Guidelines are no more than that and this Committee must factor in all considerations when using its discretion.

The Committee, in considering the above factors, find an appropriate and suitable penalty for Ms Wynne is a 6-day suspension and a $1000 fine.


penalty:

Accordingly, Ms Wynne’s licence to ride is suspended from the close of racing today up to and including racing on the 9th April 2021. In addition to this suspension Ms Wynne is fined $1000.


hearing_type: Hearing


Rules: 638(3)(b)(ii)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Ms S Wynne - Class A Jockey


Otherperson: Mr M Davidson - Stipendiary Steward, Mr D Wadley - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 2d5f1592b4d06ac63187c93f9bc6ffdc


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


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meetid: ce12c8891cd5cf5372e2aec1f476d2e7


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meetdate: 27/03/2021


meet_title: Hororata RC - 27 March 2021


meet_expappcomment:


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tracklocation: hororata-rc


meet_racingtype: thoroughbred-racing


meet_chair: DAnderson


meet_pm1: PKnowles


meet_pm2: none


name: Hororata RC