Archive Decision

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Auckland RC 28 November 2015 – R 5 – Chair, Mrs N Moffatt

ID: JCA13516

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Ms A Schwerin - Apprentice Rider

Other Person:
Mr N Harris - Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward

Information Number:
A6928

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 28 November 2015

Meet Chair:
NMoffatt

Meet Committee Member 1:
ADooley

Race Date:
2015/11/28

Race Number:
R 5

Decision:

As Ms Schwerin admitted the breach we found the charge proved.

Penalty:

Ms Schwerin can be classified as a Northern area rider. Her engagements at Taranaki next Thursday will be her first visit to the Central Districts therefore only Northern days were factored into penalty. Accordingly Ms Schwerin is suspended from the close of racing on Thursday December 3rd up to and including racing on Sunday December 13th. The days included in this suspension are:

05/12/15 Auckland
09/12/15 Auckland
11/12/15 Tauranga
12/12/15 Waikato
13/12/15 Auckland

Facts:

Following the running of Race 5, Bentleys Chartered Accountants 2100, an Information was lodged by Mr J Oatham alleging a breach of Rule 638(1) (d) in that A Schwerin allowed her mount (MARTINIZ SPECIAL) to shift in near the 1800m when not sufficiently clear crowding (ZAFRENZY) in onto (IMPERIUM) which had to be checked.

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

Ms Schwerin confirmed she admitted the breach and that she understood the charge. Mr Harris was present as her support person.

Mr Coles showed all the available films of the incident and identified all the runners concerned. Approaching the winning post at the 1800m Ms Schwerin angled her mount inwards when not clear dictating ZAFRENZY (K Myers) in onto IMPERIUM (M Cameron). Mr Cameron was checked and had to take a firm hold of his mount, losing ground as a result.

Ms Schwerin said as Mr Bosson came up on her outside her horse began racing a little ungenerously and ran away from his mount. She mentioned the racing manners of her horse making it a difficult ride for her and showed where just prior to the incident her horse was throwing its head up in the air.

Mr Harris said there had been no pressure from the outside. Ms Schwerin’s horse got its head up and, as a result of being on the point of the turn, ended up on an angle. He said over the years there had been a lot of problems at that particular point of the bend as horses tried to hold their positions. Riders on runners wider out were often unaware of how many other horses there were to their inside unless someone called out. Ms Schwerin’s inexperience prevented her from recognising what was happening and from taking corrective action earlier.

Submissions for Penalty:

Mr Oatham presented Ms Schwerin’s riding record for the previous 12 months which showed suspensions on the following occasions:

16/09/15 4 days
21/10/15 4 days
28/10/15 4 days

Mr Oatham told the committee that Ms Schwerin has been riding for one complete season. He said while the degree of carelessness was relatively high the stewards placed the overall incident in the mid-range. Mr Oatham accepted it occurred on a difficult bend and Ms Schwerin’s inexperience should be factored in. Put simply, she didn’t do quite enough to prevent the incident from occurring. Mr Oatham said they had some concern with Ms Schwerin’s record, incurring four suspensions within a short time frame. He said she would have to take more care as the tracks began to firm up. The Stewards submitted a period of suspension in line with their submissions.

Ms Schwerin agreed with Mr Oatham’s summary of the incident and of the penalty submissions. She advised of upcoming engagements on Wednesday 2nd December at Avondale and Thursday December 3rd at Taranaki.

Reasons for Penalty:

In coming to a decision on penalty the committee took into account all of the submissions. We adopted, as a starting point, a five day suspension as outlined in the Penalty Guide for Judicial Committees. In assessing the degree of carelessness we viewed all the films and note the acute angle that Ms Schwerin angled her mount in on and the significant interference suffered by Mr Cameron as a result. This would place the incident towards the high end however Mr Harris was very thorough and helpful in taking the Committee through the incident, factoring in the relative inexperience of Ms Schwerin and the problematic angle of the bend. This and Ms Schwerin’s admission of the breach are all mitigating factors. Her cluster of recent suspensions suggests Ms Schwerin needs to be taking more care, however her overall record is reasonably good. We see her record as a neutral factor. It is this Committee’s opinion that a five day suspension is an appropriate penalty.

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: 40389e87b32917f40777d24082644cd3


informantnumber: A6928


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 02/12/2015


hearing_title: Auckland RC 28 November 2015 - R 5 - Chair, Mrs N Moffatt


charge:


facts:

Following the running of Race 5, Bentleys Chartered Accountants 2100, an Information was lodged by Mr J Oatham alleging a breach of Rule 638(1) (d) in that A Schwerin allowed her mount (MARTINIZ SPECIAL) to shift in near the 1800m when not sufficiently clear crowding (ZAFRENZY) in onto (IMPERIUM) which had to be checked.

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

Ms Schwerin confirmed she admitted the breach and that she understood the charge. Mr Harris was present as her support person.

Mr Coles showed all the available films of the incident and identified all the runners concerned. Approaching the winning post at the 1800m Ms Schwerin angled her mount inwards when not clear dictating ZAFRENZY (K Myers) in onto IMPERIUM (M Cameron). Mr Cameron was checked and had to take a firm hold of his mount, losing ground as a result.

Ms Schwerin said as Mr Bosson came up on her outside her horse began racing a little ungenerously and ran away from his mount. She mentioned the racing manners of her horse making it a difficult ride for her and showed where just prior to the incident her horse was throwing its head up in the air.

Mr Harris said there had been no pressure from the outside. Ms Schwerin’s horse got its head up and, as a result of being on the point of the turn, ended up on an angle. He said over the years there had been a lot of problems at that particular point of the bend as horses tried to hold their positions. Riders on runners wider out were often unaware of how many other horses there were to their inside unless someone called out. Ms Schwerin’s inexperience prevented her from recognising what was happening and from taking corrective action earlier.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Schwerin admitted the breach we found the charge proved.


sumissionsforpenalty:

Mr Oatham presented Ms Schwerin’s riding record for the previous 12 months which showed suspensions on the following occasions:

16/09/15 4 days
21/10/15 4 days
28/10/15 4 days

Mr Oatham told the committee that Ms Schwerin has been riding for one complete season. He said while the degree of carelessness was relatively high the stewards placed the overall incident in the mid-range. Mr Oatham accepted it occurred on a difficult bend and Ms Schwerin’s inexperience should be factored in. Put simply, she didn’t do quite enough to prevent the incident from occurring. Mr Oatham said they had some concern with Ms Schwerin’s record, incurring four suspensions within a short time frame. He said she would have to take more care as the tracks began to firm up. The Stewards submitted a period of suspension in line with their submissions.

Ms Schwerin agreed with Mr Oatham’s summary of the incident and of the penalty submissions. She advised of upcoming engagements on Wednesday 2nd December at Avondale and Thursday December 3rd at Taranaki.


reasonsforpenalty:

In coming to a decision on penalty the committee took into account all of the submissions. We adopted, as a starting point, a five day suspension as outlined in the Penalty Guide for Judicial Committees. In assessing the degree of carelessness we viewed all the films and note the acute angle that Ms Schwerin angled her mount in on and the significant interference suffered by Mr Cameron as a result. This would place the incident towards the high end however Mr Harris was very thorough and helpful in taking the Committee through the incident, factoring in the relative inexperience of Ms Schwerin and the problematic angle of the bend. This and Ms Schwerin’s admission of the breach are all mitigating factors. Her cluster of recent suspensions suggests Ms Schwerin needs to be taking more care, however her overall record is reasonably good. We see her record as a neutral factor. It is this Committee’s opinion that a five day suspension is an appropriate penalty.


penalty:

Ms Schwerin can be classified as a Northern area rider. Her engagements at Taranaki next Thursday will be her first visit to the Central Districts therefore only Northern days were factored into penalty. Accordingly Ms Schwerin is suspended from the close of racing on Thursday December 3rd up to and including racing on Sunday December 13th. The days included in this suspension are:

05/12/15 Auckland
09/12/15 Auckland
11/12/15 Tauranga
12/12/15 Waikato
13/12/15 Auckland


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Ms A Schwerin - Apprentice Rider


Otherperson: Mr N Harris - Apprentice Jockey Mentor, Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: a02c10565cd0951a04b3965dd4025883


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


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meetid: 764e9fc5529f7ac64b3347a4e091b025


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meetdate: 28/11/2015


meet_title: Auckland RC - 28 November 2015


meet_expappcomment:


meet_km:


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tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: NMoffatt


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC