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Kurow JC 30 Decemeber – R8

ID: JCA15828

Applicant:
Mr M Davidson

Respondent(s):
Ms C Lunn

Other Person:
Mr P Harris

Information Number:
6980

Hearing Type:
Hearing

Rules:
636(1)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Kurow JC - 30 December 2010

Meet Chair:
Ghall

Meet Committee Member 1:
JEagles

Race Date:
2010/12/30

Race Number:
R 8

Decision:

Ms Lunn admitted the breach, which we thus find proved.

Penalty:

Ms Lunn is suspended from riding at the end of racing on 1 January up to and including 11 January. This is 3 South Island riding days. She is also fined the sum of $150 to remind her of her obligations under the Rules.

Charge:

Mr Davidson, stipendiary steward, alleged that Ms C Lunn the rider of LOTUS in race 8 had failed to ride that horse out to the finishing line and, in so doing, had failed to give that horse every chance of finishing in the best possible placing.

Facts:

Mr McLaughlin, stipendiary steward, demonstrated on the video that Ms Lunn had relaxed her ride for 2 strides immediately before the finish. NIGHT LIFE, which was finishing quickly, got up and finished 3rd equal with LOTUS.

Submissions for Penalty:

Ms Lunn, who was very open and honest in her evidence, said, “I stood up and did not realise that I had until I saw the video.” She said she had never ridden at Kurow before and had misjudged the finish. She said she thought she was a lot closer to the post than she was, and was clearly at fault. She was unaware a horse was finishing fast on her outside. She said she wanted to ride on the West Coast and assured this Committee she would learn from this experience.

Mr Harris spoke on behalf of Ms Lunn. He said that inexperience had caused her to put the whip away. He also said she would learn from the experience of being in the room. He added that she was a very competitive rider and that her actions were quite out of character. He said apprentices only obtain experience by riding and asked that she be able to ride for some of the days on the West Coast.

Mr Davidson produced the defendant’s record, which was clear under this rule. He submitted a suspension of about three weeks was appropriate. He emphasised that the connections of LOTUS, plus those who had invested on the horse, had had their return halved.

Reasons for Penalty:

We have observed from the video that Ms Lunn has stood up in the saddle for some 2 strides before the winning post. Mr Harris has said that Ms Lunn is regarded as being a very promising apprentice and that she is willing to learn. In particular, he said Ms Lunn would learn from this experience of being charged. Mr Davidson has accepted this fact. And we are in no doubt that this is the case.

Ms Lunn has acquitted herself extremely well in the room and we are impressed by the fact that she has openly and honestly admitted the breach today. She has demonstrated rare contrition and a clearly evident determination never to repeat this mistake. These matters have led us to conclude that specific deterrence need not be given great weight in this particular case. We have regard to her explanation for her actions. In particular, we take into account it is the first time she has ridden on the track, that she thought she had reached the winning post, that is clear the other horse was finishing fast and Ms Lunn was unaware of this fact.

Ms Lunn’s actions have cost LOTUS 3rd place on its own. This has had adverse consequences for the connections of the horse, whom we understand is Mr Harris, and those persons who had invested LOTUS. We do not overlook the need for general deterrence and accountability.

We also recognise as mitigating factors Ms Lunn’s admission of the breach and the fact she has no previous breaches of this rule.

Ms Lunn is very inexperienced and this weighs heavily with us. She has had only some 35 rides for 2 wins. We also take into account the need for parity. In the interests of consistency we have had regard to the penalty imposed on Ms M at Cromwell last month when she failed to weigh in. She was similarly an inexperienced apprentice (although we note she had had 4 times the number of rides than the defendant has had), and again, her actions had cost the connections and those who had invested on the horse. Ms M was suspended for 3 weeks, but effectively this was 3 South Island days. We believe a similar penalty is appropriate in this case.

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: d81df256f06d8a7357824dcfc3e8d1eb


informantnumber: 6980


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: Kurow JC 30 Decemeber - R8


charge:

Mr Davidson, stipendiary steward, alleged that Ms C Lunn the rider of LOTUS in race 8 had failed to ride that horse out to the finishing line and, in so doing, had failed to give that horse every chance of finishing in the best possible placing.


facts:

Mr McLaughlin, stipendiary steward, demonstrated on the video that Ms Lunn had relaxed her ride for 2 strides immediately before the finish. NIGHT LIFE, which was finishing quickly, got up and finished 3rd equal with LOTUS.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Lunn admitted the breach, which we thus find proved.


sumissionsforpenalty:

Ms Lunn, who was very open and honest in her evidence, said, “I stood up and did not realise that I had until I saw the video.” She said she had never ridden at Kurow before and had misjudged the finish. She said she thought she was a lot closer to the post than she was, and was clearly at fault. She was unaware a horse was finishing fast on her outside. She said she wanted to ride on the West Coast and assured this Committee she would learn from this experience.

Mr Harris spoke on behalf of Ms Lunn. He said that inexperience had caused her to put the whip away. He also said she would learn from the experience of being in the room. He added that she was a very competitive rider and that her actions were quite out of character. He said apprentices only obtain experience by riding and asked that she be able to ride for some of the days on the West Coast.

Mr Davidson produced the defendant’s record, which was clear under this rule. He submitted a suspension of about three weeks was appropriate. He emphasised that the connections of LOTUS, plus those who had invested on the horse, had had their return halved.


reasonsforpenalty:

We have observed from the video that Ms Lunn has stood up in the saddle for some 2 strides before the winning post. Mr Harris has said that Ms Lunn is regarded as being a very promising apprentice and that she is willing to learn. In particular, he said Ms Lunn would learn from this experience of being charged. Mr Davidson has accepted this fact. And we are in no doubt that this is the case.

Ms Lunn has acquitted herself extremely well in the room and we are impressed by the fact that she has openly and honestly admitted the breach today. She has demonstrated rare contrition and a clearly evident determination never to repeat this mistake. These matters have led us to conclude that specific deterrence need not be given great weight in this particular case. We have regard to her explanation for her actions. In particular, we take into account it is the first time she has ridden on the track, that she thought she had reached the winning post, that is clear the other horse was finishing fast and Ms Lunn was unaware of this fact.

Ms Lunn’s actions have cost LOTUS 3rd place on its own. This has had adverse consequences for the connections of the horse, whom we understand is Mr Harris, and those persons who had invested LOTUS. We do not overlook the need for general deterrence and accountability.

We also recognise as mitigating factors Ms Lunn’s admission of the breach and the fact she has no previous breaches of this rule.

Ms Lunn is very inexperienced and this weighs heavily with us. She has had only some 35 rides for 2 wins. We also take into account the need for parity. In the interests of consistency we have had regard to the penalty imposed on Ms M at Cromwell last month when she failed to weigh in. She was similarly an inexperienced apprentice (although we note she had had 4 times the number of rides than the defendant has had), and again, her actions had cost the connections and those who had invested on the horse. Ms M was suspended for 3 weeks, but effectively this was 3 South Island days. We believe a similar penalty is appropriate in this case.


penalty:

Ms Lunn is suspended from riding at the end of racing on 1 January up to and including 11 January. This is 3 South Island riding days. She is also fined the sum of $150 to remind her of her obligations under the Rules.


hearing_type: Hearing


Rules: 636(1)(b)


Informant: Mr M Davidson


JockeysandTrainer: Ms C Lunn


Otherperson: Mr P Harris


PersonPresent:


Respondent:


StipendSteward:


raceid: 7342994278783076f27bdf704fd51d29


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 84020a54bdad691f8d1142d2c6c107bb


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 30/12/2010


meet_title: Kurow JC - 30 December 2010


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "Ghall", "Member": "", "OtherExpenses": "0", "KMs": "135", "Total": "83.7", "kmprice": 83.700000000000003, "Approved": "on"}, {"Comment": [], "MemberRole": "Panel member 1 ", "MemberID": "JEagles", "Member": "", "OtherExpenses": "0", "KMs": "400", "Total": "248.0", "kmprice": 248.0, "Approved": "on"}]


meet_otherexp:


tracklocation: kurow-jc


meet_racingtype: thoroughbred-racing


meet_chair: Ghall


meet_pm1: JEagles


meet_pm2: none


name: Kurow JC