Waikato RC 18 March 2017 – R 7 – Chair, Mr A Dooley
ID: JCA15287
Code:
Thoroughbred
Meet Title:
Waikato RC - 18 March 2017
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2017/03/18
Race Number:
R7
Decision:
As Ms Schwerin admitted the breach the Committee find the charge proved.
Penalty:
Accordingly, Mr Schwerin had her license to ride in races suspended for a period to commence after racing on 18 March and conclude after racing on 29 March 2017 (4 days).
That period of suspension encompasses meetings at
22 March – Counties
24 March – Avondale
25 March – Tauranga
29 March - Matamata
Facts:
Following the running of race 7, Foster Maintain 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Schwerin allowed her mount PRINCE MAMBO to shift in when not sufficiently clear checking MANGAROA FLO JO (J Nason) near the 100 metres.
Ms Schwerin acknowledged that she understood 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 Davidson identified that near the 100 metres Ms Schwerin struck PRINCE MAMBO with the whip a couple of times and her mount shifted in. He said this resulted in Mr Nason having to take a firm hold of his mount when the gap along the rails closed.
Ms Schwerin said she agreed with Mr Davidson's interpretation of the incident. She said her mount was weakening and rolled in. She didn’t realise there was another horse behind her.
Mr Harris said that Ms Schwerin’s mount was weakening when she used the whip. He believed this caused the horse to shift in and check MANGAROA FLO JO. He said this was a wakeup call for Ms Schwerin to be aware of horses racing behind her.
Submissions for Penalty:
Mr Coles produced Mr Schwerin’s record which showed no previous breach under this Rule in the last 12 months. He said that Ms Schwerin made an error of judgement and noted that Mr Nason’s mount had improved quickly to her inside. He said Ms Schwerin had an obligation to keep her mount in a straight line. He said Ms Schwerin should be given credit for her admission of the breach and her clear record. He said the level of carelessness was low end and a suspension would be an appropriate penalty.
Ms Schwerin advised that she had no upcoming engagements any proposed suspension could start immediately.
Mr Coles advised that Ms Schwerin only rode in the Auckland / Waikato region. Ms Schwerin confirmed that this was correct.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The mitigating factors were Ms Schwerin’s admission of the breach, her excellent record.
When reviewing the video footage the Committee observed that Ms Schwerin shifted in 2 horse widths and was only ¾ of a length clear when MANGAROA FLO JO was checked. This resulted in Mr Nason having to firmly restrain his mount who was improving quickly on to the heels of PRINCE MAMBO. We assess the level of carelessness was towards mid-range.
After taking into account all the above factors the Committee considers an appropriate suspension was 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: 7f2493bb42bc28f68a750dbc9552f4ee
informantnumber: A8866
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 19/03/2017
hearing_title: Waikato RC 18 March 2017 - R 7 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 7, Foster Maintain 1600, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Schwerin allowed her mount PRINCE MAMBO to shift in when not sufficiently clear checking MANGAROA FLO JO (J Nason) near the 100 metres.
Ms Schwerin acknowledged that she understood 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 Davidson identified that near the 100 metres Ms Schwerin struck PRINCE MAMBO with the whip a couple of times and her mount shifted in. He said this resulted in Mr Nason having to take a firm hold of his mount when the gap along the rails closed.
Ms Schwerin said she agreed with Mr Davidson's interpretation of the incident. She said her mount was weakening and rolled in. She didn’t realise there was another horse behind her.
Mr Harris said that Ms Schwerin’s mount was weakening when she used the whip. He believed this caused the horse to shift in and check MANGAROA FLO JO. He said this was a wakeup call for Ms Schwerin to be aware of horses racing behind her.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Schwerin admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Mr Schwerin’s record which showed no previous breach under this Rule in the last 12 months. He said that Ms Schwerin made an error of judgement and noted that Mr Nason’s mount had improved quickly to her inside. He said Ms Schwerin had an obligation to keep her mount in a straight line. He said Ms Schwerin should be given credit for her admission of the breach and her clear record. He said the level of carelessness was low end and a suspension would be an appropriate penalty.
Ms Schwerin advised that she had no upcoming engagements any proposed suspension could start immediately.
Mr Coles advised that Ms Schwerin only rode in the Auckland / Waikato region. Ms Schwerin confirmed that this was correct.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Penalty Guide for Judicial Committees recommends that the starting point for careless riding is a 5 day suspension which is adjusted based on the mitigating and aggravating factors.
The mitigating factors were Ms Schwerin’s admission of the breach, her excellent record.
When reviewing the video footage the Committee observed that Ms Schwerin shifted in 2 horse widths and was only ¾ of a length clear when MANGAROA FLO JO was checked. This resulted in Mr Nason having to firmly restrain his mount who was improving quickly on to the heels of PRINCE MAMBO. We assess the level of carelessness was towards mid-range.
After taking into account all the above factors the Committee considers an appropriate suspension was 4 days.
penalty:
Accordingly, Mr Schwerin had her license to ride in races suspended for a period to commence after racing on 18 March and conclude after racing on 29 March 2017 (4 days).
That period of suspension encompasses meetings at
22 March – Counties
24 March – Avondale
25 March – Tauranga
29 March - Matamata
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Miss A Schwerin - Apprentice Jockey
Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr M Davidson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 60ef056c2037bfc61dc9ab9346244198
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 412366ac4bd53626e9b12deb89c74cff
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/03/2017
meet_title: Waikato RC - 18 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: waikato-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: Waikato RC