Auckland RC 26 September 2020 – R 9 – Chair, Mr G Jones
ID: JCA17681
Code:
Thoroughbred
Meet Title:
Auckland RC - 26 September 2020
Meet Chair:
GJones
Race Date:
2020/09/26
Race Number:
R9
Decision:
As Ms Fawcett admitted the breach the Committee found the charge proved.
Penalty:
Ms Fawcett is granted a 7-day deferment and her licence to ride in races is suspended for a period of 4 weeks commencing after racing on 3 October 2020 and concluding after racing on 31 October 2020.
Facts:
This charge arises from the running of Race 9, the Auckland Co-Op Taxis 1200. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638 (1)(d) alleging that Apprentice rider, J Fawcett allowed (MANRICO) to shift out when not clear, making contact with BLOOD WARRIOR (S McKay), which became unbalanced and fell near the 400 metres.
Apprentice rider Ms Fawcett acknowledged that she understood the Rule and confirmed her admission of the breach. She was assisted at the hearing by Mr N Harris (Northern Riding Mentor).
Prior to hearing evidence and after she confirmed her admission of the breach, due to the nature of the charge, the Committee sought an assurance from Ms Fawcett that she had taken necessary advice and was comfortable to proceed. She confirmed that she wished to have the matter dealt with and on that basis the hearing commenced.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Using all available video footage Stipendiary Steward Mr Coles demonstrated the incident that gave rise to the charge and identified the horses and riders concerned; namely: MANRICO (J Fawcett), MUMMS JEWEL (C Grylls) and BLOOD WARRIOR (S McKay). He told the Committee that as the field was rounding the final bend into the home straight, near the 400 metres, MANRICO was following MUMMS JEWEL. BLOOD WARRIOR was tracking up, behind and to the outside of MANRICO. Both runners were angling for clear racing room in the straight. Mr Coles said at that point there was no clear run, or gap, for MANRICO and Ms Fawcett permitted her mount to ease out, when no more than three quarters of a length clear of BLOOD WARRIOR.
Mr Coles pointed out that as a consequence of MANRICO’S outward shift contact was made with BLOOD WARRIOR'S front shoulder. BLOOD WARRIOR lost its footing, Mr McKay became unbalanced and was dislodged from his mount.
Mr Coles said that the outward movement of MANRICO was accentuated by the sudden movement of BLOOD WARRIOR when contact was made and he accepted that the optics on the film gave the impression that Ms Fawcett’s outward shift was greater than she intended. He added that BLOOD WARRIOR made the turn into the home straight awkwardly and did lay in slightly.
Mr Coles concluded the evidence for the Informant by demonstrating the various cameras angles of the incident. There were 6 camera angles available including the Hill Tower, rear, back straight and side-on views.
At this point of the hearing, having heard the summary of the evidence and viewed the films, Ms Fawcett advised the Committee that she now regretted admitting the breach. On that basis the Committee adjourned the hearing and permitted her to consult with Mr Harris in private. The Committee advised Ms Fawcett what options were available to her under the circumstances. The hearing resumed and Ms Fawcett confirmed her guilty plea. She said that she wished to continue with the hearing and have the matter dealt with.
Ms Fawcett stated that she was following MUMMS JEWEL into the race and her mount took a step to the left causing her to make contact with Mr McKay’s mount. She said that she was not angling out and the incident was made to look worse than it really was due to the fall. She added that 9 out of 10 times in any race a shift of this nature would not result in a fall.
In support of Ms Fawcett, Mr Harris said that Mr Coles summed up the incident very well. He said that there was no intent on Ms Fawcett’s part to shift out in the manner she did, and he agreed that in 9 times out of 10 a fall would not occur under the same circumstances.
Submissions for Penalty:
Mr Williamson produced Ms Fawcett’s riding record which indicated 5 previous breaches of the careless riding rule during the past 12 months. These were outlined as follows:
29/08/20 Tauranga 7 days
25/07/20 Counties 3 days
15/07/20 Counties 2 days
11/12/19 Hawkes Bay 10 days
04/10/19 Waikato 5 days
Mr Williamson said there is no escaping the fact that Ms Fawcett has a very poor riding record and this is of considerable concern to Stewards. He submitted that there were a number of factors to be considered and primarily he accepted that an outward shift of this nature in a race would not normally have resulted in a fall. Further, he submitted that BLOOD WARRIOR did lay in slightly.
Mr Williamson said that despite there being factors in Ms Fawcett’s favour, she did take a risk; a jockey (Mr McKay) has been hospitalised due to a shoulder injury and she has a very poor record in relation to careless riding. He concluded his submission saying that the mitigating and aggravating factors tend to cancel each other out and Stewards are seeking a suspension of no less than 4 weeks.
In response Ms Fawcett submitted she believed it was unfortunate that a fall resulted. She asked that some leniency be given due to the fact if suspended it would include some Group 1 race days. She had nothing further to add.
She sought a 7-day deferment to any proposed suspension.
Mr Harris had nothing to add but advised the Committee that it was Ms Fawcett’s final race riding day as an Apprentice Jockey.
Reasons for Penalty:
After considering the submissions and reviewing the race films the Committee adopted a 4-week suspension as the starting point. This is in conformity with the Penalty Guide for Judicial Committees which recommends a 4-week suspension as the starting point for careless riding resulting in a fall. Due to the COVID-19 impacts on racing, the agreed approach, (until further notice), for careless riding and like offending is for some leniency to be applied when setting penalties. This does not apply in cases involving more serious breaches. This Committee took the view that careless riding involving a fall is a serious breach and this is reflected in the relatively high penalty starting point. Our view is that any act or omission by a rider that has, or can result in a fall, is both a horse and/or welfare issue and accordingly, for these reasons we declined to apply a COVID-19 related discount.
The race films clearly show that Ms Fawcett allowed her mount to ease out from behind MUMMS JEWEL when barely half a length clear of BLOOD WARRIOR. The films also show that Ms Fawcett appeared to look to her outside when she shifted ground. At the time of the shift there was no gap available for Ms Fawcett; and Mr McKay was entitled to take the run on MANRICO'S outer. As a result, MANRICO made contact with BLOOD WARRIOR (S McKay), which became unbalanced and fell near the 400 metres. In these circumstances, the clear onus was on Ms Fawcett to take all reasonable steps to avoid causing interference to BLOOD WARRIOR, or any runner for that matter, whether that be result of either a mistake or mis-judgement on her part. The films also identify that another horse (VICENZA), who was racing behind the affected runners, was also slightly hampered and its rider had to take some evasive action.
The Committee assessed Ms Fawcett’s level of carelessness to be in the mid-range.
The mitigating factors that were considered included; firstly, Ms Fawcett’s admission of the breach, albeit she did have some second thoughts about her culpability; and secondly, it is accepted that Mr McKay’s mount did lay in slightly when rounding the final bend, and this could have been a factor.
Ms Fawcett’s has a very poor riding record which the Committee deems to be a significant aggravating factor. This is her 6th careless riding breach in 12 months, and more significantly her 4th breach since the return to racing in July 2020. Although the fall of the rider is reflected in the starting point, it is also an aggravating factor that 3 horses, were affected by this incident with their chances having been extinguished. Also to be taken into account is the fact that Mr McKay has been hospitalised and although his long-term diagnosis is not known at this stage, it is inevitable that he may be injured for some time and may miss race riding opportunities in the immediate future.
Ms Fawcett sought some leniency in assessing penalty due to the fact a period of suspension would include some Group 1 race days. This Committee applies no leniency for those circumstances. With a number of Group and Listed race meetings pending, it is incumbent on all riders to ensure their riding standards and judgement are maintained at the highest level to avoid being side-lined during these important race days.
In our determination the Committee was mindful of recent decisions relating to careless riding resulting in a fall, these including RIU v Cooksley (2018), RIU v Jones (2019) and the Appeal decision Innes v RIU (2019). Whilst each case turns on its own facts these cases were useful to the extent, they enabled a framework for ensuring consistency in decision-making.
After weighing up all of the facts and balancing the mitigating and aggravating factors, the Committee considered 4 weeks to be an appropriate period of suspension. Based on the current racing programme this represents 17 national riding days.
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: df217e989f7e3a5c49dfae32311b57ed
informantnumber: A13417
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless riding (causing a fall)
plea: admitted
penaltyrequired: 1
decisiondate: 27/09/2020
hearing_title: Auckland RC 26 September 2020 – R 9 – Chair, Mr G Jones
charge:
facts:
This charge arises from the running of Race 9, the Auckland Co-Op Taxis 1200. Senior Stipendiary Steward Mr Williamson filed an Information pursuant to Rule 638 (1)(d) alleging that Apprentice rider, J Fawcett allowed (MANRICO) to shift out when not clear, making contact with BLOOD WARRIOR (S McKay), which became unbalanced and fell near the 400 metres.
Apprentice rider Ms Fawcett acknowledged that she understood the Rule and confirmed her admission of the breach. She was assisted at the hearing by Mr N Harris (Northern Riding Mentor).
Prior to hearing evidence and after she confirmed her admission of the breach, due to the nature of the charge, the Committee sought an assurance from Ms Fawcett that she had taken necessary advice and was comfortable to proceed. She confirmed that she wished to have the matter dealt with and on that basis the hearing commenced.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Using all available video footage Stipendiary Steward Mr Coles demonstrated the incident that gave rise to the charge and identified the horses and riders concerned; namely: MANRICO (J Fawcett), MUMMS JEWEL (C Grylls) and BLOOD WARRIOR (S McKay). He told the Committee that as the field was rounding the final bend into the home straight, near the 400 metres, MANRICO was following MUMMS JEWEL. BLOOD WARRIOR was tracking up, behind and to the outside of MANRICO. Both runners were angling for clear racing room in the straight. Mr Coles said at that point there was no clear run, or gap, for MANRICO and Ms Fawcett permitted her mount to ease out, when no more than three quarters of a length clear of BLOOD WARRIOR.
Mr Coles pointed out that as a consequence of MANRICO’S outward shift contact was made with BLOOD WARRIOR'S front shoulder. BLOOD WARRIOR lost its footing, Mr McKay became unbalanced and was dislodged from his mount.
Mr Coles said that the outward movement of MANRICO was accentuated by the sudden movement of BLOOD WARRIOR when contact was made and he accepted that the optics on the film gave the impression that Ms Fawcett’s outward shift was greater than she intended. He added that BLOOD WARRIOR made the turn into the home straight awkwardly and did lay in slightly.
Mr Coles concluded the evidence for the Informant by demonstrating the various cameras angles of the incident. There were 6 camera angles available including the Hill Tower, rear, back straight and side-on views.
At this point of the hearing, having heard the summary of the evidence and viewed the films, Ms Fawcett advised the Committee that she now regretted admitting the breach. On that basis the Committee adjourned the hearing and permitted her to consult with Mr Harris in private. The Committee advised Ms Fawcett what options were available to her under the circumstances. The hearing resumed and Ms Fawcett confirmed her guilty plea. She said that she wished to continue with the hearing and have the matter dealt with.
Ms Fawcett stated that she was following MUMMS JEWEL into the race and her mount took a step to the left causing her to make contact with Mr McKay’s mount. She said that she was not angling out and the incident was made to look worse than it really was due to the fall. She added that 9 out of 10 times in any race a shift of this nature would not result in a fall.
In support of Ms Fawcett, Mr Harris said that Mr Coles summed up the incident very well. He said that there was no intent on Ms Fawcett’s part to shift out in the manner she did, and he agreed that in 9 times out of 10 a fall would not occur under the same circumstances.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Fawcett admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Williamson produced Ms Fawcett’s riding record which indicated 5 previous breaches of the careless riding rule during the past 12 months. These were outlined as follows:
29/08/20 Tauranga 7 days
25/07/20 Counties 3 days
15/07/20 Counties 2 days
11/12/19 Hawkes Bay 10 days
04/10/19 Waikato 5 days
Mr Williamson said there is no escaping the fact that Ms Fawcett has a very poor riding record and this is of considerable concern to Stewards. He submitted that there were a number of factors to be considered and primarily he accepted that an outward shift of this nature in a race would not normally have resulted in a fall. Further, he submitted that BLOOD WARRIOR did lay in slightly.
Mr Williamson said that despite there being factors in Ms Fawcett’s favour, she did take a risk; a jockey (Mr McKay) has been hospitalised due to a shoulder injury and she has a very poor record in relation to careless riding. He concluded his submission saying that the mitigating and aggravating factors tend to cancel each other out and Stewards are seeking a suspension of no less than 4 weeks.
In response Ms Fawcett submitted she believed it was unfortunate that a fall resulted. She asked that some leniency be given due to the fact if suspended it would include some Group 1 race days. She had nothing further to add.
She sought a 7-day deferment to any proposed suspension.
Mr Harris had nothing to add but advised the Committee that it was Ms Fawcett’s final race riding day as an Apprentice Jockey.
reasonsforpenalty:
After considering the submissions and reviewing the race films the Committee adopted a 4-week suspension as the starting point. This is in conformity with the Penalty Guide for Judicial Committees which recommends a 4-week suspension as the starting point for careless riding resulting in a fall. Due to the COVID-19 impacts on racing, the agreed approach, (until further notice), for careless riding and like offending is for some leniency to be applied when setting penalties. This does not apply in cases involving more serious breaches. This Committee took the view that careless riding involving a fall is a serious breach and this is reflected in the relatively high penalty starting point. Our view is that any act or omission by a rider that has, or can result in a fall, is both a horse and/or welfare issue and accordingly, for these reasons we declined to apply a COVID-19 related discount.
The race films clearly show that Ms Fawcett allowed her mount to ease out from behind MUMMS JEWEL when barely half a length clear of BLOOD WARRIOR. The films also show that Ms Fawcett appeared to look to her outside when she shifted ground. At the time of the shift there was no gap available for Ms Fawcett; and Mr McKay was entitled to take the run on MANRICO'S outer. As a result, MANRICO made contact with BLOOD WARRIOR (S McKay), which became unbalanced and fell near the 400 metres. In these circumstances, the clear onus was on Ms Fawcett to take all reasonable steps to avoid causing interference to BLOOD WARRIOR, or any runner for that matter, whether that be result of either a mistake or mis-judgement on her part. The films also identify that another horse (VICENZA), who was racing behind the affected runners, was also slightly hampered and its rider had to take some evasive action.
The Committee assessed Ms Fawcett’s level of carelessness to be in the mid-range.
The mitigating factors that were considered included; firstly, Ms Fawcett’s admission of the breach, albeit she did have some second thoughts about her culpability; and secondly, it is accepted that Mr McKay’s mount did lay in slightly when rounding the final bend, and this could have been a factor.
Ms Fawcett’s has a very poor riding record which the Committee deems to be a significant aggravating factor. This is her 6th careless riding breach in 12 months, and more significantly her 4th breach since the return to racing in July 2020. Although the fall of the rider is reflected in the starting point, it is also an aggravating factor that 3 horses, were affected by this incident with their chances having been extinguished. Also to be taken into account is the fact that Mr McKay has been hospitalised and although his long-term diagnosis is not known at this stage, it is inevitable that he may be injured for some time and may miss race riding opportunities in the immediate future.
Ms Fawcett sought some leniency in assessing penalty due to the fact a period of suspension would include some Group 1 race days. This Committee applies no leniency for those circumstances. With a number of Group and Listed race meetings pending, it is incumbent on all riders to ensure their riding standards and judgement are maintained at the highest level to avoid being side-lined during these important race days.
In our determination the Committee was mindful of recent decisions relating to careless riding resulting in a fall, these including RIU v Cooksley (2018), RIU v Jones (2019) and the Appeal decision Innes v RIU (2019). Whilst each case turns on its own facts these cases were useful to the extent, they enabled a framework for ensuring consistency in decision-making.
After weighing up all of the facts and balancing the mitigating and aggravating factors, the Committee considered 4 weeks to be an appropriate period of suspension. Based on the current racing programme this represents 17 national riding days.
penalty:
Ms Fawcett is granted a 7-day deferment and her licence to ride in races is suspended for a period of 4 weeks commencing after racing on 3 October 2020 and concluding after racing on 31 October 2020.
hearing_type: Hearing
Rules: 638 (1)(d)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Ms J Fawcett– rider of MANRICO
Otherperson: Mr N Harris (Northern Rider Mentor), Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
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race_title: R9
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meetdate: 26/09/2020
meet_title: Auckland RC - 26 September 2020
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