Archive Decision

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Auckland RC 29 December 2017 – R 3 – Chair, Mr A Dooley

ID: JCA11301

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Ms J Fawcett - Apprentice Rider

Other Person:
Mr L Noble - Trainer assisting Ms Fawcett, Mr J Oatham - Chief Stipendiary Steward

Information Number:
A10351

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 29 December 2017

Meet Chair:
ADooley

Meet Committee Member 1:
GJones

Race Date:
2017/12/29

Race Number:
R3

Decision:

As Ms Fawcett admitted the breach the Committee found the charge proved.

Penalty:

Accordingly, Ms Fawcett had her license to ride in races suspended for a period to commence after racing on 2 January and conclude after racing on 11 January 2018.

Facts:

Following the running of race 3, Dunstan Feeds 1600, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Ms Fawcett allowed DIAMONDSAND BUBBLES to shift out crowding PRINCE JABEEL (L Innes) when not clear onto ELIZ GARDEN (R Scott) which was checked losing ground near the 250 metres.

Ms Fawcett acknowledged that she understood the Rule and confirmed her admission of the breach. Mr L Noble assisted Ms Fawcett at the hearing.

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

Mr Oatham identified the horses involved in the incident namely DIAMONDSANDBUBBLES, racing on her outside was PRINCE JABEEL, ELIZ GARDEN and THATLADYROCS. He advised that Ms Fawcett was held up early in the home straight. He said that MAKFACTOR (C Lammas) shifted out very slightly and at the same time Ms Fawcett opted to shift outward when no more than 1 length clear of PRINCE JABEEL. He said that runner was crowded onto ELIZ GARDEN who in turn checked THATLADYROCS.

Using both rear and side on footage Mr Oatham confirmed Ms Fawcett was no more than 1 length clear of Mr Innes and noted that she did momentarily look over before shifting ground.

Ms Fawcett told the Committee that she was desperate for a run near the 300 metres and she didn’t realise that there was insufficient room for her to shift ground. She said that she will take greater care in the future.

Mr Noble said that in slight mitigation had Mr Lammas not shifted ground in front of Ms Fawcett she would have had a clear run.

Submissions for Penalty:

Mr Williamson produced Ms Fawcett’s record which showed 1 previous breach under this Rule in the last 12 months. He said that Ms Fawcett had a good record and described the breach as mid-range with 8 days being the appropriate starting point.

Ms Fawcett after conferring with her Agent said that she had firm engagements up to and including 2 January 2018. She sought a deferment to fulfil those engagements and said that she had a very good record. Ms Fawcett added that she made a “silly mistake” on this occasion and would learn from the incident.

Mr Noble had nothing further to add.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented.

Our interpretation of the incident was that Ms Fawcett clearly shifted outward when no more than 1 length clear of PRINCE JABEEL. This resulted in that runner and 2 others being checked to varying degrees. We deemed the level of carelessness to be mid-range.

The Penalty Guide for Judicial Committees recommends that the starting point for mid-range carelessness is 8 National riding days.

The mitigating factors were Ms Fawcett’s admission of the breach and her very good record. For these collective factors we afforded her a 1 day reduction.

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: 18fa78911fd28dd40ef72d2329d6bbf7


informantnumber: A10351


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 29/12/2017


hearing_title: Auckland RC 29 December 2017 - R 3 - Chair, Mr A Dooley


charge:


facts:

Following the running of race 3, Dunstan Feeds 1600, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Williamson, alleged that Ms Fawcett allowed DIAMONDSAND BUBBLES to shift out crowding PRINCE JABEEL (L Innes) when not clear onto ELIZ GARDEN (R Scott) which was checked losing ground near the 250 metres.

Ms Fawcett acknowledged that she understood the Rule and confirmed her admission of the breach. Mr L Noble assisted Ms Fawcett at the hearing.

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

Mr Oatham identified the horses involved in the incident namely DIAMONDSANDBUBBLES, racing on her outside was PRINCE JABEEL, ELIZ GARDEN and THATLADYROCS. He advised that Ms Fawcett was held up early in the home straight. He said that MAKFACTOR (C Lammas) shifted out very slightly and at the same time Ms Fawcett opted to shift outward when no more than 1 length clear of PRINCE JABEEL. He said that runner was crowded onto ELIZ GARDEN who in turn checked THATLADYROCS.

Using both rear and side on footage Mr Oatham confirmed Ms Fawcett was no more than 1 length clear of Mr Innes and noted that she did momentarily look over before shifting ground.

Ms Fawcett told the Committee that she was desperate for a run near the 300 metres and she didn’t realise that there was insufficient room for her to shift ground. She said that she will take greater care in the future.

Mr Noble said that in slight mitigation had Mr Lammas not shifted ground in front of Ms Fawcett she would have had a clear run.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Fawcett admitted the breach the Committee found the charge proved.


sumissionsforpenalty:

Mr Williamson produced Ms Fawcett’s record which showed 1 previous breach under this Rule in the last 12 months. He said that Ms Fawcett had a good record and described the breach as mid-range with 8 days being the appropriate starting point.

Ms Fawcett after conferring with her Agent said that she had firm engagements up to and including 2 January 2018. She sought a deferment to fulfil those engagements and said that she had a very good record. Ms Fawcett added that she made a “silly mistake” on this occasion and would learn from the incident.

Mr Noble had nothing further to add.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented.

Our interpretation of the incident was that Ms Fawcett clearly shifted outward when no more than 1 length clear of PRINCE JABEEL. This resulted in that runner and 2 others being checked to varying degrees. We deemed the level of carelessness to be mid-range.

The Penalty Guide for Judicial Committees recommends that the starting point for mid-range carelessness is 8 National riding days.

The mitigating factors were Ms Fawcett’s admission of the breach and her very good record. For these collective factors we afforded her a 1 day reduction.


penalty:

Accordingly, Ms Fawcett had her license to ride in races suspended for a period to commence after racing on 2 January and conclude after racing on 11 January 2018.


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Ms J Fawcett - Apprentice Rider


Otherperson: Mr L Noble - Trainer assisting Ms Fawcett, Mr J Oatham - Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: b9581b01894445105ffe412fe4042cb9


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 6a7665f15ab6190d88545033a45cbdf3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 29/12/2017


meet_title: Auckland RC - 29 December 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: GJones


meet_pm2: none


name: Auckland RC