Archive Decision

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Southland RC 17 November 2016 – R 6 – Chair, Mr N Skelt

ID: JCA15557

Applicant:
Mr M Davidson - Stipendiary Steward

Respondent(s):
Miss S Wynne - Rider of SMOKEM UP

Other Person:
Mr E Winsloe - Trainer of SMOKEM P

Information Number:
A7778

Hearing Type:
Hearing

New Charge:
Failed to ride fully to the end of the race

Rules:
636(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Southland RC - 17 November 2016

Meet Chair:
NSkelt

Meet Committee Member 1:
VMUnro

Race Date:
2016/11/17

Race Number:
R 6

Decision:

As Miss Wynne admitted the breach we found the charge proved.

Penalty:

Accordingly Miss Wynne is suspended from the close of racing on Saturday 19th November 2016 to the close of racing on Saturday 26th November 2016, this includes
• Otaki (Premier) 25th November 2016.
• Wanganui 26th November 2016.

This penalty allows Miss Wynne to resume riding at the Cromwell feature meeting on 27th November 2016. In lieu of allowing Miss Wynne to ride at this South Island Feature day we impose a fine of $600.

Facts:

Following the running of Race 6, McCallums Group Maiden, an Information was lodged by Mr Davidson under Rule 636(1)(d) in that Miss Wynne being the rider of SMOKEM UP failed to ride her mount out fully to the end of the race when there was a reasonable chance of it running into 4th position.

The Rule reads:
636 (1) A person:
(d) being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared;

Mr Davidson used both the head-on and side-on videos to highlight the incident. Miss Wynne (SMOKEM UP) was clearly in 4th place, laid in at about the 100 metres mark and had become momentarily unbalanced, but it was in the clear for the final 40 metres of the race.

Miss Wynne has relaxed her hands over the last two strides and was beaten into 5th place, with a head margin between 4th and 5th places.

Miss Wynne (SMOKEM UP) stated that she had lead for the majority of the race and about the 200 metre mark her horse had fallen in a hole and blown out in the testing conditions. She also said that her horse had been hit across the head with another rider’s whip on the inside, then was bumped and her horse was gone.

Miss Wynne further stated that the trainer Mr Winsloe had given her pre race riding instructions not to knock the horse around due to the testing track as it was the horse’s first start this season.

Mr Winsloe stated if the track had been downgraded further his horse would have been scratched as it was the horse’s first start this season and he did not want his horse knocked around. He also stated his horse went good, leading most of the way then getting the wobbles in the home straight. He said it was a beautiful ride by Miss Wynne and she rode SMOKEM UP to the best of her ability. Mr Winsloe continued to say in a passionate manner, if Miss Wynne had flogged his horse she would not get another ride for his stable in the future.

Mr Winsloe also stated that the 4th placed horse GAZZA THE GURU (Goosen Jogoo) was in his opinion always going to finish in that 4th placing as he was finishing a lot faster and his horse was completely gone.

Submissions for Penalty:

Mr Davidson stated that Miss Wynne has a clear record under this rule. The starting point in the JCA penalty guide is 2 weeks.

Mr Davidson further stated that there were several mitigating factors in this case. The track was heavy and was extremely testing for all horses, visibility was also very poor and in his opinion the breach of this rule was at the lower end of the scale.

He recommended a suspension of around a week including a South Island day. Mr Davidson confirmed that Miss Wynne is recognized as a South Island and Central Districts rider however he noted Miss Wynne riding at the Pukekohe meeting on the 19th November 2016. Mr Davidson also bought to our attention that the betting public were affected by Miss Wynne’s failure to ride her horse out to the line in particular for the first four investors. He also stated that there was a major shortage of riders in the lower South Island and today’s meeting had the bare 13 riders to select from.

Miss Wynne stated that she had several firm commitments to horses that she has been a regular rider of at the Cromwell meeting on the 27th November 2016, a feature day in the South. She also has 3 confirmed rides at the Premier meeting at Otaki on the 25th November 2016 and at least 2 confirmed rides the next day, 26th November 2016 at Wanganui. It was noted that nominations for these two meetings were not yet declared.

Miss Wynne also had booked and paid for her air fares to attend these two meetings in the north.

Miss Wynne confirmed that she is getting 7 or 8 rides at most meetings, especially in the South Island which was confirmed by Mr Davidson.

Reasons for Penalty:

The Penalty Guide for Judicial Committees provides a sliding scale for starting points of breaches of Rule 636(1)(d). Penalties range from a starting point of 5 weeks suspension for missing first place, down to 2 weeks for failing to ride out and missing 4th placing.

Miss Wynne is currently one of New Zealand’s leading riders and is currently placed in the top 10 on the New Zealand Jockey Premiership and has the second most wins of South Island riders.

Miss Wynne has never faced a charge of this kind previously and also readily admitted the breach.

The following mitigating factors were taken into account by the committee when deciding on penalty were.
• Heavy track rated an 11, which became worse during the day due to extremely inclement weather which ultimately abandoned the meeting after race 8.
• SMOKEM UP was having it first start this season.
• Mr Winsloe’s very clear riding instructions to Miss Wynne.
• Early guilty plea.
• The committee acknowledged the bump at 75 metres mark which momentarily unbalanced Miss Wynne’s horse.
• We were aware that Miss Wynne had booked and paid for her air fare to attend the Central District meetings on the 26th and 27th of November 2016.
• The committee also agreed that Miss Wynne was a Central Districts & South Island rider, who had also ridden in the Northern Districts occasionally over the past 12 months.

• The committee took into account very heavily Mr Davidson’s comments regarding the minimal number of senior South Island riders available. It was noted that several South Island jockeys were currently suspended who were unable to ride at the Cromwell meeting. Further highlighting the jockey availability.
• The committee also took into account Miss Wynne’s current success where trainers are securing her services well in advance of the programmed meetings.
• We accept that Miss Wynne has 7 to 8 rides at each South Island race day and the breach was at the lower end of the scale.

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: b32cda8898db25b0bbd0cfb019948aa4


informantnumber: A7778


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Failed to ride fully to the end of the race


plea: admitted


penaltyrequired: 1


decisiondate: 20/11/2016


hearing_title: Southland RC 17 November 2016 - R 6 - Chair, Mr N Skelt


charge:


facts:

Following the running of Race 6, McCallums Group Maiden, an Information was lodged by Mr Davidson under Rule 636(1)(d) in that Miss Wynne being the rider of SMOKEM UP failed to ride her mount out fully to the end of the race when there was a reasonable chance of it running into 4th position.

The Rule reads:
636 (1) A person:
(d) being the Rider of a horse in a Race, must ride his horse out to the end of the Race if there is a reasonable chance of it running into a position for which there is prize money to be awarded or a dividend to be declared;

Mr Davidson used both the head-on and side-on videos to highlight the incident. Miss Wynne (SMOKEM UP) was clearly in 4th place, laid in at about the 100 metres mark and had become momentarily unbalanced, but it was in the clear for the final 40 metres of the race.

Miss Wynne has relaxed her hands over the last two strides and was beaten into 5th place, with a head margin between 4th and 5th places.

Miss Wynne (SMOKEM UP) stated that she had lead for the majority of the race and about the 200 metre mark her horse had fallen in a hole and blown out in the testing conditions. She also said that her horse had been hit across the head with another rider’s whip on the inside, then was bumped and her horse was gone.

Miss Wynne further stated that the trainer Mr Winsloe had given her pre race riding instructions not to knock the horse around due to the testing track as it was the horse’s first start this season.

Mr Winsloe stated if the track had been downgraded further his horse would have been scratched as it was the horse’s first start this season and he did not want his horse knocked around. He also stated his horse went good, leading most of the way then getting the wobbles in the home straight. He said it was a beautiful ride by Miss Wynne and she rode SMOKEM UP to the best of her ability. Mr Winsloe continued to say in a passionate manner, if Miss Wynne had flogged his horse she would not get another ride for his stable in the future.

Mr Winsloe also stated that the 4th placed horse GAZZA THE GURU (Goosen Jogoo) was in his opinion always going to finish in that 4th placing as he was finishing a lot faster and his horse was completely gone.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Wynne admitted the breach we found the charge proved.


sumissionsforpenalty:

Mr Davidson stated that Miss Wynne has a clear record under this rule. The starting point in the JCA penalty guide is 2 weeks.

Mr Davidson further stated that there were several mitigating factors in this case. The track was heavy and was extremely testing for all horses, visibility was also very poor and in his opinion the breach of this rule was at the lower end of the scale.

He recommended a suspension of around a week including a South Island day. Mr Davidson confirmed that Miss Wynne is recognized as a South Island and Central Districts rider however he noted Miss Wynne riding at the Pukekohe meeting on the 19th November 2016. Mr Davidson also bought to our attention that the betting public were affected by Miss Wynne’s failure to ride her horse out to the line in particular for the first four investors. He also stated that there was a major shortage of riders in the lower South Island and today’s meeting had the bare 13 riders to select from.

Miss Wynne stated that she had several firm commitments to horses that she has been a regular rider of at the Cromwell meeting on the 27th November 2016, a feature day in the South. She also has 3 confirmed rides at the Premier meeting at Otaki on the 25th November 2016 and at least 2 confirmed rides the next day, 26th November 2016 at Wanganui. It was noted that nominations for these two meetings were not yet declared.

Miss Wynne also had booked and paid for her air fares to attend these two meetings in the north.

Miss Wynne confirmed that she is getting 7 or 8 rides at most meetings, especially in the South Island which was confirmed by Mr Davidson.


reasonsforpenalty:

The Penalty Guide for Judicial Committees provides a sliding scale for starting points of breaches of Rule 636(1)(d). Penalties range from a starting point of 5 weeks suspension for missing first place, down to 2 weeks for failing to ride out and missing 4th placing.

Miss Wynne is currently one of New Zealand’s leading riders and is currently placed in the top 10 on the New Zealand Jockey Premiership and has the second most wins of South Island riders.

Miss Wynne has never faced a charge of this kind previously and also readily admitted the breach.

The following mitigating factors were taken into account by the committee when deciding on penalty were.
• Heavy track rated an 11, which became worse during the day due to extremely inclement weather which ultimately abandoned the meeting after race 8.
• SMOKEM UP was having it first start this season.
• Mr Winsloe’s very clear riding instructions to Miss Wynne.
• Early guilty plea.
• The committee acknowledged the bump at 75 metres mark which momentarily unbalanced Miss Wynne’s horse.
• We were aware that Miss Wynne had booked and paid for her air fare to attend the Central District meetings on the 26th and 27th of November 2016.
• The committee also agreed that Miss Wynne was a Central Districts & South Island rider, who had also ridden in the Northern Districts occasionally over the past 12 months.

• The committee took into account very heavily Mr Davidson’s comments regarding the minimal number of senior South Island riders available. It was noted that several South Island jockeys were currently suspended who were unable to ride at the Cromwell meeting. Further highlighting the jockey availability.
• The committee also took into account Miss Wynne’s current success where trainers are securing her services well in advance of the programmed meetings.
• We accept that Miss Wynne has 7 to 8 rides at each South Island race day and the breach was at the lower end of the scale.


penalty:

Accordingly Miss Wynne is suspended from the close of racing on Saturday 19th November 2016 to the close of racing on Saturday 26th November 2016, this includes
• Otaki (Premier) 25th November 2016.
• Wanganui 26th November 2016.

This penalty allows Miss Wynne to resume riding at the Cromwell feature meeting on 27th November 2016. In lieu of allowing Miss Wynne to ride at this South Island Feature day we impose a fine of $600.


hearing_type: Hearing


Rules: 636(1)(d)


Informant: Mr M Davidson - Stipendiary Steward


JockeysandTrainer: Miss S Wynne - Rider of SMOKEM UP


Otherperson: Mr E Winsloe - Trainer of SMOKEM P


PersonPresent:


Respondent:


StipendSteward:


raceid: 21a2dd5bab8964c70f1f0bf34bd7be34


race_expapproval:


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race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


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race_pm1:


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meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


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meetdate: 17/11/2016


meet_title: Southland RC - 17 November 2016


meet_expappcomment:


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meet_racingtype: thoroughbred-racing


meet_chair: NSkelt


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name: Southland RC