Otaki-Maori RC – 28 October 2010 – R 3

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startdate: 28/10/2010

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hearing_title: Otaki-Maori RC - 28 October 2010 - R 3

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RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr R Neal Stipendiary Steward

Defendant:  Ms M Wenn Licensed Jockey

Information No:  5265

Meeting:  Otaki-Maori Racing Club

Date:  28 October 2010

Venue:  Otaki

Race:  3

Rule No:  638 (1) (d)

Judicial Committee:  Paul Williams, Chairman – Tangi Utikere, Committee Member 

Plea:  Not Admitted

Also Present: Mrs L Allpress

CHARGES

Following the running of race 3, information 5265 was filed by Stipendiary Steward Mr R Neal under rule 638 (1) (d).  The information stated that “M Wenn, the rider of “Lucky We Leica” allowed her mount to shift out near the 250m when not clear of “Herecomesthebride” (L Allpress) which was checked”.

Rule 638(1) (d) states “A rider shall not ride a horse in a manner which the Judicial Committee considers to be .....careless”

Ms Wenn indicated the breach of the rule was not admitted.

FACTS

Mr Neal called as a witness Mrs Allpress.  She said that near the 250m mark she was racing in a straight line on the inside of “Nippin” ridden by Opie Bosson. She said Ms Wenn was racing on her inside and slightly in front when she suddenly appeared directly in front of her and as a result she had to ease back and in doing so she clipped the heels of “Lucky We Leica”.  She also said that as a result of clipping heels she saw Ms Wenn’s mount lose a shoe.

Mr Neal said it was the view of the stewards that Mr Bosson was riding “tight” on the outside of Mrs Allpress but both were maintaining a straight line.  Prior to the incident Ms Wenn was on the inside of Mrs Allpress but shortly afterwards pressure had come from the inside onto Mrs Allpress causing her to check her mount. Mr Neal said that immediately after Mrs Allpress received the check Ms Wenn was racing alongside Mr Bosson.

He asked Ms Wenn if she believed she had maintained a straight line of running to which she replied ‘Yes”.  He then asked if she thought she had shifted out marginally to which she replied that her horse “was tilting slightly but didn’t take a stride out”.  She believed she was racing in a straight line and had hardly moved off that line and that the horse on the outside of Mrs Allpress was holding her in tight for some time and was the major contributor to the interference suffered by Mrs Allpress.  Ms Wenn said she did not think she had moved out enough to be charged with careless riding.

Mr Neal then showed the head on and side on views of the films and asked Mr Goodwin to describe what the films showed.  Mr Goodwin said that from the turn into the home straight Mr Bosson and Mrs Allpress had been riding “tight”.  He said prior to the incident occurring Mr Bosson was trying to maintain his position on the outside of Mrs Allpress and all three riders had enough racing room.  He said near to the 250m point Ms Wenn allowed her mount to marginally shift out into the line of and directly in front of Mrs Allpress when not sufficiently clear causing Mrs Allpress to take hold and check.

Mrs Wenn said that prior to the incident Mrs Allpress’ mount had its head turned out and she asked Mrs Allpress if the pressure she was receiving from Mr Bosson was responsible for her checking her mount.  Mrs Allpress said that Mr Bosson was trying to ensure that he kept in front of her mount.

Ms Wenn used the head on view of the film to show that from the top of the straight Mr Bosson’s mount had its head and shoulders turned in onto Mrs Allpress’ mount.  She said she did not believe she had moved out enough to cause the interference suffered by Mrs Allpress.  She conceded she had moved out slightly but there was considerable pressure being applied to Mrs Allpress by Mr Bosson and she did not think her actions justified a charge of careless riding.

The rear-on film was also shown at the request of the Committee but Ms Wenn did not believe it showed an accurate picture because the camera was on an angle and not looking directly down the straight.

In his closing submission Mr Neal said Mrs Allpress was entitled to her line of running and was doing an effective job in ensuring that Mr Bosson did not push her off that line even though she was receiving pressure from Mr Bosson.  The interference suffered by Mrs Allpress was because Ms Wenn allowed her mount to shift out between ¾ and 1 horse width at which point Mrs Allpress had to take her hold of her mount and check.  He said the stewards did not agree with Ms Wenn’s assertion that the incident did not justify a charge of careless riding.  He said Mrs Allpress was entitled to her line of running and she was maintaining that when she had to ease off heels.

Ms Wenn in conclusion said there were other factors that had contributed to the interference received and she reiterated that she did not think she had moved enough to justify a careless riding charge.

REASONS

The Committee has considered all the submissions put before it and reviewed the 3 different views of the incident.  There is no doubt that Mrs Allpress did receive a check near the 250m point.  All the views of the film show it quite clearly with the rear view film also showing the shoe lost by Ms Wenn’s mount flying off over the inside rail.  We do not believe Mr Bosson was responsible for the check received by Mrs Allpress.  He and Mrs Allpress were riding competitively very close together but both were maintaining straight lines even if Mr Bosson’s mount did have its head turned slightly inwards.  Ms Wenn has said she believed her horse was “tilting slightly” but that the level of outwards movement was not significant and did not justify the information being laid.

It is the view of the committee that Ms Wenn did move out a good half to three quarters of a horse width and when doing so was not the required distance in front of Mrs Allpress.  This action caused Mrs Allpress to check and in doing so it clipped the heels of Ms Wenn’s which resulted in Ms Wenn’s horse losing a shoe.

DECISION

Taking into account all the evidence from the films of the incident and the submissions of all parties we find the charge of careless riding proved.

SUBMISSIONS ON PENALTY

Mr Neal said that Ms Wenn had an excellent record having only been suspended once in the last 12 months (7 June 2010) in relation to this rule.  He said there hadn’t been a significant movement by Ms Wenn but nevertheless Mrs Allpress had to check her mount and was denied her rightful line of running.  He submitted that any penalty should be at the lower end.  He confirmed the stewards considered Ms Wenn to be a national rider.

Ms Wenn said that in the event of her being suspended she would wish to seek a deferment to allow her to ride at Paeroa on Wednesday 3 November 2010.

REASONS

The Committee has reviewed the films of the incident referred to and listened to all the submissions.  We have taken into account the severity of the interference which we believe is at the low end and have also taken into account Ms Wenn’s very good riding record.  However, Ms Wenn’s actions have caused a check to Mrs Allpress and we have decided a period of suspension is an appropriate penalty.

DECISION

The Committee has decided that a suspension is appropriate in this case and Ms Wenn is suspended from the close racing on Wednesday 3 November 2010 to the close of racing on Tuesday 9 November 2010 – in effect 4 riding days being Poverty Bay (5 and 7 November), Te Rapa (6 November) and Awapuni (9 November).

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hearing_type: Old Hearing

Rules: 638(1)(d)

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