Auckland RC 12 March 2016 – R 2 – Chair, Mrs N Moffatt
ID: JCA12249
Code:
Thoroughbred
Meet Title:
Auckland RC - 12 March 2016
Meet Chair:
NMoffatt
Meet Committee Member 1:
ADooley
Race Date:
2016/03/12
Race Number:
R 2
Decision:
We found the charge of careless riding proved.
Penalty:
Accordingly Ms Schwerin is suspended from riding from the close of racing on Saturday March 19th up to and including racing on Saturday April 2nd.
This will encompass meetings on:
23/3/16 Avondale
24/3/16 Taranaki
26/3/16 Tauranga
30/3/16 Matamata
1/4/16 Rotorua
2/4/16 Auckland/Awapuni
Facts:
Following the running of Race 2, Waste Management 1200, an information was lodged by Mr J Oatham alleging a breach of Rule 638(1) (d). The information alleged that A Schwerin allowed (HEART OF TH’CASTLE) to shift in when not clear causing crowding to KRYSTRUMP, SHERPA, HEART BEAT and PARISDOTCON near the1000m.
Mr Schwerin had Mr Harris assist her in the hearing.
Submissions for Decision:
Mr Oatham asked Mr Williamson to explain the incident by way of the films. He showed Ms Schwerin racing in a position “six-off” the running rail. Directly to her inside was KRYSTRUMP (Ms D Johnson) inside that runner SHERPA (Mr Hills), QIKCAT (Ms Spratt), HEARTBEAT (C Grylls) and PARISDOTCON (Mrs T Thornton), who was adjacent to the running rail.
Mr Williamson said Ms Schwerin allowed her mount to shift in when not clear of KRYSTRUMP which resulted in crowding to four runners. He showed Ms Johnson’s mount with its head turned outwards in an effort to relieve the pressure to the runners inside of her. She was unable to do so and KRYSTRUMP began to race ungenerously when forced to steady off the heels of Ms Schwerin’s mount. SHERPA, HEARTBEAT and PARISDOTCON all received checks of varying degrees.
Mr Williamson conceded that the horse on the outside of Ms Schwerin may have caused a little intimidation to her mount but the rider of that horse, Mr Cameron, ensured there was always room between those two runners if Ms Schwerin had wished to relieve the pressure. The Stewards believed the majority of the movement came from Ms Schwerin allowing her mount to shift in.
Mr Hills (SHERPA) said he was racing in a three-wide position outside of Mr Grylls when he received pressure from Ms Johnson on his outside. Mr Hills said Ms Johnson was only ½ to ¾ lengths clear at the time. As a result he was checked and had to ease his mount. In response to a question from Mr Harris, Mr Hills said from his position in the race he did not believe that the pressure came from Ms Schwerin.
Ms Johnston (KRYSTRUMP) said approaching the corner the horse to her outside (ridden by Ms Schwerin) kept applying pressure to her mount resulting in horses to her inside having to ease back. She was unable to relieve this pressure because she had horses on both sides. Ms Johnson said she was pushed back onto the fence as the runners to her inside were eased back. Throughout the incident Ms Johnson estimated that Ms Schwerin was only ½ length clear of her as she came across. In response to a question from Mr Harris, Ms Johnson said there was no physical contact between herself and Ms Schwerin.
Mr Harris said it was a difficult angle to assess however approaching the bend; it was his opinion, that there was always a gap between Ms Schwerin and Ms Johnson. Mr Harris showed on the film where Ms Johnson was looking inwards and he believed that she chose to go in and was not dictated in by Ms Schwerin. Ms Schwerin agreed, saying that Ms Johnson had already moved inwards before she started to come across – at least two strides before.
Mrs Thornton conceded there had been tightening at this stage of the race but there were contributing factors and, in her opinion, Ms Schwerin was unlucky to be charged. She said all riders were trying to hold their ground and there was a lot going on.
Mr Oatham summed up saying the Stewards’ had a different perspective of the incident. He said the pressure was applied for quite some distance by Ms Schwerin. He said it was quite clear, by the angle that Ms Johnson had her horse’s head turned out, that she was trying to relieve the pressure. Mr Oatham said Ms Schwerin had left no room for four runners to her inside when she crossed while only ¾ length clear.
Mr Harris did not agree that Ms Johnson was in difficulty as a result of Ms Schwerin moving in and reiterated that he thought Ms Johnson was using that as an excuse for her own gain.
Reasons for Decision:
The Committee looked very carefully at all the films and had regard to all of the submissions. The evidence was clear in regard to the three horses inside of Ms Johnson who were all tightened as a result of the inward movement of Ms Johnson’s mount. The dispute lay with whether Ms Johnson moved in of her own accord or did Ms Schwerin take her line and force her in.
Ms Johnson was very clear in her evidence that Ms Schwerin applied pressure to her outside. In our opinion the films confirm this to be the case. Near the 1000m Ms Schwerin shifted in when only ¾ length clear which resulted in Ms Johnson having to take a hold of her mount. This caused crowding to the three runners to her inside with PARISDOTCON the worst affected. At the point where Ms Johnson was checking her mount the films showed Ms Schwerin had four horses to her inside and yet she wasn’t in a five-wide position.
Submissions for Penalty:
Mr Oatham advised the hearing that Ms Schwerin had six suspensions in the last 12 months. He said while this was of some concern, her riding had improved and she was getting more opportunities. It was his opinion that she might be getting over-competitive and that she had some work to do in keeping out of trouble.
Mr Oatham went on to say that there was no benefit to Ms Schwerin sitting out a lengthy suspension and although the interference went on for some distance it was not severe. The Stewards’ assessment was that it sat in the low to midrange and a suspension of not less than five days was appropriate.
Mr Harris said he thought Ms Schwerin was unlucky to be found guilty on this occasion. He agreed her record was poor but she had stepped up in many ways and riding on firm tracks was sometimes problematic for apprentice riders. Ms Schwerin told us that she had been making a sincere effort in her races by looking over her shoulder and checking distances. She was disappointed to be found guilty today of careless riding.
Reasons for Penalty:
The Judicial Committee Penalty Guide provides that the starting point for penalties imposed for careless riding is a five day suspension.
We identified as aggravating factors, Ms Schwerin’s poor riding record, the consequences of her carelessness where four horses were affected and the fact that the incident took place over some distance. We placed her degree of carelessness in the midrange. In our opinion this warranted an uplift of two days on the five day starting point.
We have also taken into account the submission from Mr Oatham that a lengthy suspension, based on Ms Schwerin’s record, would not be helpful. After hearing from Ms Schwerin, and her efforts to improve, we agree therefore we considered a six day suspension an appropriate penalty.
The Committee sought clarification on upcoming riding commitments. Ms Schwerin and Mr McKee advised of commitments within the next seven days and asked for any suspension to begin after next Saturday. Mr McKee added it was intended for Ms Schwerin to ride more often in the Central Districts and said he would be sending her south to ride at Taranaki. Records show that she last rode on that track on December 3rd.
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: 462e57bcadfdcffc545cf21ff7e35810
informantnumber: A7861
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: denied
penaltyrequired: 1
decisiondate: 19/03/2016
hearing_title: Auckland RC 12 March 2016 - R 2 - Chair, Mrs N Moffatt
charge:
facts:
Following the running of Race 2, Waste Management 1200, an information was lodged by Mr J Oatham alleging a breach of Rule 638(1) (d). The information alleged that A Schwerin allowed (HEART OF TH’CASTLE) to shift in when not clear causing crowding to KRYSTRUMP, SHERPA, HEART BEAT and PARISDOTCON near the1000m.
Mr Schwerin had Mr Harris assist her in the hearing.
appealdecision:
isappeal:
submissionsfordecision:
Mr Oatham asked Mr Williamson to explain the incident by way of the films. He showed Ms Schwerin racing in a position “six-off” the running rail. Directly to her inside was KRYSTRUMP (Ms D Johnson) inside that runner SHERPA (Mr Hills), QIKCAT (Ms Spratt), HEARTBEAT (C Grylls) and PARISDOTCON (Mrs T Thornton), who was adjacent to the running rail.
Mr Williamson said Ms Schwerin allowed her mount to shift in when not clear of KRYSTRUMP which resulted in crowding to four runners. He showed Ms Johnson’s mount with its head turned outwards in an effort to relieve the pressure to the runners inside of her. She was unable to do so and KRYSTRUMP began to race ungenerously when forced to steady off the heels of Ms Schwerin’s mount. SHERPA, HEARTBEAT and PARISDOTCON all received checks of varying degrees.
Mr Williamson conceded that the horse on the outside of Ms Schwerin may have caused a little intimidation to her mount but the rider of that horse, Mr Cameron, ensured there was always room between those two runners if Ms Schwerin had wished to relieve the pressure. The Stewards believed the majority of the movement came from Ms Schwerin allowing her mount to shift in.
Mr Hills (SHERPA) said he was racing in a three-wide position outside of Mr Grylls when he received pressure from Ms Johnson on his outside. Mr Hills said Ms Johnson was only ½ to ¾ lengths clear at the time. As a result he was checked and had to ease his mount. In response to a question from Mr Harris, Mr Hills said from his position in the race he did not believe that the pressure came from Ms Schwerin.
Ms Johnston (KRYSTRUMP) said approaching the corner the horse to her outside (ridden by Ms Schwerin) kept applying pressure to her mount resulting in horses to her inside having to ease back. She was unable to relieve this pressure because she had horses on both sides. Ms Johnson said she was pushed back onto the fence as the runners to her inside were eased back. Throughout the incident Ms Johnson estimated that Ms Schwerin was only ½ length clear of her as she came across. In response to a question from Mr Harris, Ms Johnson said there was no physical contact between herself and Ms Schwerin.
Mr Harris said it was a difficult angle to assess however approaching the bend; it was his opinion, that there was always a gap between Ms Schwerin and Ms Johnson. Mr Harris showed on the film where Ms Johnson was looking inwards and he believed that she chose to go in and was not dictated in by Ms Schwerin. Ms Schwerin agreed, saying that Ms Johnson had already moved inwards before she started to come across – at least two strides before.
Mrs Thornton conceded there had been tightening at this stage of the race but there were contributing factors and, in her opinion, Ms Schwerin was unlucky to be charged. She said all riders were trying to hold their ground and there was a lot going on.
Mr Oatham summed up saying the Stewards’ had a different perspective of the incident. He said the pressure was applied for quite some distance by Ms Schwerin. He said it was quite clear, by the angle that Ms Johnson had her horse’s head turned out, that she was trying to relieve the pressure. Mr Oatham said Ms Schwerin had left no room for four runners to her inside when she crossed while only ¾ length clear.
Mr Harris did not agree that Ms Johnson was in difficulty as a result of Ms Schwerin moving in and reiterated that he thought Ms Johnson was using that as an excuse for her own gain.
reasonsfordecision:
The Committee looked very carefully at all the films and had regard to all of the submissions. The evidence was clear in regard to the three horses inside of Ms Johnson who were all tightened as a result of the inward movement of Ms Johnson’s mount. The dispute lay with whether Ms Johnson moved in of her own accord or did Ms Schwerin take her line and force her in.
Ms Johnson was very clear in her evidence that Ms Schwerin applied pressure to her outside. In our opinion the films confirm this to be the case. Near the 1000m Ms Schwerin shifted in when only ¾ length clear which resulted in Ms Johnson having to take a hold of her mount. This caused crowding to the three runners to her inside with PARISDOTCON the worst affected. At the point where Ms Johnson was checking her mount the films showed Ms Schwerin had four horses to her inside and yet she wasn’t in a five-wide position.
Decision:
We found the charge of careless riding proved.
sumissionsforpenalty:
Mr Oatham advised the hearing that Ms Schwerin had six suspensions in the last 12 months. He said while this was of some concern, her riding had improved and she was getting more opportunities. It was his opinion that she might be getting over-competitive and that she had some work to do in keeping out of trouble.
Mr Oatham went on to say that there was no benefit to Ms Schwerin sitting out a lengthy suspension and although the interference went on for some distance it was not severe. The Stewards’ assessment was that it sat in the low to midrange and a suspension of not less than five days was appropriate.
Mr Harris said he thought Ms Schwerin was unlucky to be found guilty on this occasion. He agreed her record was poor but she had stepped up in many ways and riding on firm tracks was sometimes problematic for apprentice riders. Ms Schwerin told us that she had been making a sincere effort in her races by looking over her shoulder and checking distances. She was disappointed to be found guilty today of careless riding.
reasonsforpenalty:
The Judicial Committee Penalty Guide provides that the starting point for penalties imposed for careless riding is a five day suspension.
We identified as aggravating factors, Ms Schwerin’s poor riding record, the consequences of her carelessness where four horses were affected and the fact that the incident took place over some distance. We placed her degree of carelessness in the midrange. In our opinion this warranted an uplift of two days on the five day starting point.
We have also taken into account the submission from Mr Oatham that a lengthy suspension, based on Ms Schwerin’s record, would not be helpful. After hearing from Ms Schwerin, and her efforts to improve, we agree therefore we considered a six day suspension an appropriate penalty.
The Committee sought clarification on upcoming riding commitments. Ms Schwerin and Mr McKee advised of commitments within the next seven days and asked for any suspension to begin after next Saturday. Mr McKee added it was intended for Ms Schwerin to ride more often in the Central Districts and said he would be sending her south to ride at Taranaki. Records show that she last rode on that track on December 3rd.
penalty:
Accordingly Ms Schwerin is suspended from riding from the close of racing on Saturday March 19th up to and including racing on Saturday April 2nd.
This will encompass meetings on:
23/3/16 Avondale
24/3/16 Taranaki
26/3/16 Tauranga
30/3/16 Matamata
1/4/16 Rotorua
2/4/16 Auckland/Awapuni
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr J Oatham - Senior Stipendiary Steward
JockeysandTrainer: Ms A Schwerin - Apprentice Rider
Otherperson: Mr N Harris - Apprentice Jockey Mentor supporting Ms Schwerin, Mr M Williamson - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: ccb02bdeb37f888b91fdb43519ffd4d9
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
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race_otherexp:
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meetdate: 12/03/2016
meet_title: Auckland RC - 12 March 2016
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meet_racingtype: thoroughbred-racing
meet_chair: NMoffatt
meet_pm1: ADooley
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name: Auckland RC