Canterbury JC – 17 February 2005 – Race 1

Following the running of Race 1, The Southern Trust Maiden, an information was filed by Stipendiary Steward, Mr S C Ching, against Licensed Jockey, Mrs J S Lawson, alleging a breach of Rule 871 (1) (c) in that Mrs Lawson, as the rider of MASKED in the Race, rode in an improper manner by attempting to strike the runner inside, ABITA FAME (K Williams), with the whip inside the 400 metres.

Mrs Lawson did not admit the breach.

Mr Ching showed rear-on, head-on and side-on video replays of the final 400 metres of the race. He pointed out Mrs Lawson on the outside of Miss Williams with both riders using the whip. He showed Mrs Lawson using the whip on her mount's hind quarters then on its shoulder and then strike across her mount's wither towards Mrs Williams. Contact was not made, he said, and Mrs Williams had confirmed this when spoken to. Mr Ching submitted that this amounted to improper riding in the view of the Stewards. Had there been contact between her whip and Miss Williams mount and/or Miss Williams the Stewards would have been looking at a foul riding charge. Mr Ching said he believed it was a deliberate act of attempting to hit Miss Williams notwithstanding that Miss Williams was "not within range".

Mrs Lawson stated that Miss Williams had been on her inside turning for home and then came out taking her out. Miss Williams knew that she, Mrs Lawson, was there and pulled the whip and hit her and her horse continuously and clipped the peak of her cap. Mrs Lawson said that she had to put her hand back on the reins and, as she did so, reached over and "flicked her stick" to avoid it hitting her. After being hit herself for the third or fourth time and seeing Miss Williams' whip coming towards her she "flicked across" at her whip. She said that it happened on the spur of the moment.

Mr Ching acknowledged that Miss Williams had been using her whip in "a constant manner" and that the horses had come close together and there had been some contact, which happens in tight racing situations, and Mrs Lawson had retaliated, he said. At that point, Miss Williams had moved back in and was too far away.

Following a deliberation, the Committee delivered the following oral decision:

"The Committee has listened carefully to the evidence of both parties in this matter and, in addition, we have carefully viewed the various video that have been shown to us.

The videos clearly show that Mrs Lawson, shortly after turning for home, was on the outside runner, MASKED, with ABITA FAME, ridden by K Williams, on her inside. Both riders were using the whip at that point. Mrs Lawson was using the whip, initially, on her mount's hind quarters then onto its shoulder. She then struck her whip across her mount's wither towards Miss Williams. Mr Ching submitted that, although contact was not made, this constituted improper riding. It was a deliberate act to attempt to hit Miss Williams, Mr Ching alleged.

In her defence, Mrs Lawson stated that Miss Williams had angled out and taken her out in the process. Mrs Lawson further stated that Miss Williams had hit her and her mount on more than one occasion and the action over which she had been charged Mrs Lawson described as reaching over and "flicking" Miss Williams' whip to avoid it hitting her again. She did this, she said, after the third or fourth occasion on which she had herself been struck by Miss Williams.

Mrs Lawson, then, has admitted that she did use her whip in the manner alleged but her defence was that her actions were justified in that she was protecting herself from being struck by Miss Williams.

"Improper" in this Rule we take to mean not in accordance with accepted rules of riding behaviour. We are satisfied that, in this instance, Mrs Lawson's actions were not in accordance with the accepted rules of riding behaviour ? it can never be acceptable to use one's whip, in any manner, against another rider. We are satisfied, then, that Mrs Lawson's actions, on this occasion, amounted to improper riding and, accordingly, the charge is found to be proved."

Mr Ching told the Committee that Mrs Lawson has an "exemplary" race riding record and had not breached this particular Rule previously of which he was aware. He submitted that the Committee should consider a suspension as the breach was a "watered-down version" of a charge that may have been laid, had she made contact with Miss Williams, that is to say foul riding. If the Committee elected to fine Mrs Lawson, Mr Ching submitted, such fine should be "substantial".

Mrs Lawson elected to make no submissions in relation to penalty. The Committee enquired of Mrs Lawson as to the upcoming meetings at which she would be likely to be riding. When asked by the Committee, Mrs Lawson indicated that she would prefer a term of suspension to a fine at this time.

Following a deliberation, the Committee delivered the following oral decision in relation to penalty:

"In determining penalty in this case, we have taken into account the following matters as mitigating factors. Firstly, Mrs Lawson's exemplary race riding record as acknowledged by Mr Ching. Secondly, that Mrs Lawson was acting out of frustration at her mount's having been struck by the whip of Miss Williams. Thirdly, that there was only one strike by Mrs Lawson and, fourthly, that in the end result the actions of Mrs Lawson were quite innocuous.

However, against these, was a quite significant aggravating feature. However innocuous the use of the whip against Miss Williams was, it was a deliberate act on Mrs Lawson's part and, as I said earlier, the use of the whip towards another rider can never be justified in any circumstances.

Mr Ching submitted that we should consider a suspension or, alternatively, a substantial monetary penalty. Mrs Lawson had no submission to make in relation to penalty but, when asked by the Committee, she expressed preference for a suspension rather than a fine.

Weighing up all of the relevant matters, the Committee is of the view that a suspension is the appropriate penalty for this particular breach. Mrs Lawson will be suspended from after the close of racing on Saturday, 19 February, up to and including Sunday, 6 March 2005, which is effectively 3 riding days. This period of suspension includes a discount of 1 day for Mrs Lawson's good race riding record and the other mitigating factors that I referred to ? in other words, we have reduced what would otherwise have been a 4-day penalty to 3 days.