Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Auckland RC 1 June 2013 – R 9

ID: JCA16552

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Ms M Wenn - Rider of PURE PLATINUM

Other Person:
Mr M Sweeney - Rider of DEL MONDO, Mr W Robinson - Stipendiary Steward

Information Number:
A4267

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
denied

Code:
Thoroughbred

Meet Title:
Auckland RC - 1 June 2013

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2013/06/01

Race Number:
R9

Decision:

Because Ms Wenn was not the required distance clear of Del Mondo when moving in, we find the charge proved.

Penalty:

We grant Ms Wenn's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Ms Wenn which will commence after racing on 5th June and conclude after racing on 12th June 2013 (4 days).

The penalty did not include any South Island meetings as Ms Wenn confirmed that she did not intend riding at any upcoming South Island meetings.

Charge:

Careless Riding

Facts:

Following race 9, Power @ Cambridge Stud Mile, an information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Ms Wenn permitted her mount Pure Platinum to shift inwards shortly after the start when not sufficiently clear of Del Mondo which was checked.

Ms Wenn acknowledged that she understood the nature of the charge and the Rule.

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

Submissions for Decision:

Mr Robinson demonstrated the incident using all the available films. He pointed out to the Committee that shortly after the start Pure Platinum, who had started from a midfield barrier position moved directly into the line of Del Mondo when only a bare length clear. This resulted in Del Mondo being checked and lose 1 ½ to 2 lengths.

Ms Wenn questioned Mr Robinson as to whether Mr Bosson who was racing on her inside had contributed to the incident by moving out slightly. Mr Robinson did not accept that Mr Bosson contributed to the alleged interference.

Mr Sweeney was called by Mr Oatham as a witness. He submitted that shortly after the start it got quite tight. He believed this was caused by Ms Wenn coming over into his rightful running line when a bare length clear. This caused him to check his mount and lose ground.

Ms Wenn did not wish to cross examine Mr Sweeney.

Ms Wenn submitted the films clearly showed that shortly after the start she has moved in slightly but immediately straightened. In her view Mr Bosson who was racing on her inside has come out contributing to the incident. Ms Wenn said she thought she was clear but conceded when viewing the films she was a bare length clear. She summed up by saying she had corrected her mount on 2 occasions and in her opinion had done nothing careless. She stated the incident was marginal.

Mr Oatham when summing up submitted that the evidence was clear on the films that Mr Bosson did not move out and had kept a straight line. He said Ms Wenn directed her mount in when not sufficiently clear which resulted in Del Mondo being checked.

Reasons for Decision:

The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video films several times we established that Ms Wenn was a bare length clear when moving into the rightful running line of Del Mondo. The films support the evidence of the Stewards and we note that Ms Wenn by her own admission assessed she was a bare length clear when shifting in.

Submissions for Penalty:

Mr Oatham produced Ms Wenn's record which showed 1 previous breach under this rule in the last 12 months which he stated was a very good record. He said the level of carelessness was very much at the low end and submitted an appropriate penalty should reflect that.

Ms Wenn submitted she had firm commitments up to and including 5th of June and requested a deferment to her proposed suspension. Ms Wenn confirmed that rode all over the North Island and had no intention at riding at Waimate or Dunedin next week.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Ms Wenn's very good record and the level of carelessness which we assess as low end. The aggravating fact was the check received by Del Mondo which was caused by Ms Wenn moving in when only a bare length clear. This caused Del Mondo to lose approximately 2 lengths.

After taking into account all the above factors we independently assess an appropriate penalty is a 4 day suspension.

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: c4c381c526da9cf03c8d0547cd14d0f0


informantnumber: A4267


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: denied


penaltyrequired: 1


decisiondate: 31/05/2013


hearing_title: Auckland RC 1 June 2013 - R 9


charge:

Careless Riding


facts:

Following race 9, Power @ Cambridge Stud Mile, an information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Ms Wenn permitted her mount Pure Platinum to shift inwards shortly after the start when not sufficiently clear of Del Mondo which was checked.

Ms Wenn acknowledged that she understood the nature of the charge and the Rule.

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


appealdecision:


isappeal:


submissionsfordecision:

Mr Robinson demonstrated the incident using all the available films. He pointed out to the Committee that shortly after the start Pure Platinum, who had started from a midfield barrier position moved directly into the line of Del Mondo when only a bare length clear. This resulted in Del Mondo being checked and lose 1 ½ to 2 lengths.

Ms Wenn questioned Mr Robinson as to whether Mr Bosson who was racing on her inside had contributed to the incident by moving out slightly. Mr Robinson did not accept that Mr Bosson contributed to the alleged interference.

Mr Sweeney was called by Mr Oatham as a witness. He submitted that shortly after the start it got quite tight. He believed this was caused by Ms Wenn coming over into his rightful running line when a bare length clear. This caused him to check his mount and lose ground.

Ms Wenn did not wish to cross examine Mr Sweeney.

Ms Wenn submitted the films clearly showed that shortly after the start she has moved in slightly but immediately straightened. In her view Mr Bosson who was racing on her inside has come out contributing to the incident. Ms Wenn said she thought she was clear but conceded when viewing the films she was a bare length clear. She summed up by saying she had corrected her mount on 2 occasions and in her opinion had done nothing careless. She stated the incident was marginal.

Mr Oatham when summing up submitted that the evidence was clear on the films that Mr Bosson did not move out and had kept a straight line. He said Ms Wenn directed her mount in when not sufficiently clear which resulted in Del Mondo being checked.


reasonsfordecision:

The Committee carefully considered all the evidence and submissions as presented. Having reviewed the video films several times we established that Ms Wenn was a bare length clear when moving into the rightful running line of Del Mondo. The films support the evidence of the Stewards and we note that Ms Wenn by her own admission assessed she was a bare length clear when shifting in.


Decision:

Because Ms Wenn was not the required distance clear of Del Mondo when moving in, we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Ms Wenn's record which showed 1 previous breach under this rule in the last 12 months which he stated was a very good record. He said the level of carelessness was very much at the low end and submitted an appropriate penalty should reflect that.

Ms Wenn submitted she had firm commitments up to and including 5th of June and requested a deferment to her proposed suspension. Ms Wenn confirmed that rode all over the North Island and had no intention at riding at Waimate or Dunedin next week.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors are Ms Wenn's very good record and the level of carelessness which we assess as low end. The aggravating fact was the check received by Del Mondo which was caused by Ms Wenn moving in when only a bare length clear. This caused Del Mondo to lose approximately 2 lengths.

After taking into account all the above factors we independently assess an appropriate penalty is a 4 day suspension.


penalty:

We grant Ms Wenn's request to seek a deferment to her suspension as per Rule 1106(2).

Accordingly, we impose a suspension on Ms Wenn which will commence after racing on 5th June and conclude after racing on 12th June 2013 (4 days).

The penalty did not include any South Island meetings as Ms Wenn confirmed that she did not intend riding at any upcoming South Island meetings.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Ms M Wenn - Rider of PURE PLATINUM


Otherperson: Mr M Sweeney - Rider of DEL MONDO, Mr W Robinson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: b8790c9b3efdf981fa6ab9cd272871e7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 9601d011abd6d16c701c6d4790985626


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/06/2013


meet_title: Auckland RC - 1 June 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Auckland RC