Archive Decision

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Auckland RC 6 March 2013 – R 9

ID: JCA10717

Applicant:
Mr R Neal, co-chief Stipendiary Steward

Respondent(s):
Miss M Wenn, rider of INANOFF

Other Person:
Mr J Oatham, Stipendiary Steward

Information Number:
1397

Hearing Type:
Hearing

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Auckland RC - 6 March 2013

Meet Chair:
RSeabrook

Meet Committee Member 1:
ADooley

Race Date:
2013/03/06

Race Number:
R9

Decision:

As the breach was admitted we find the charge proved.

Penalty:

After taking all the above into account and adopting a 5 day starting point we find the appropriate penalty is a 6 day suspension.  Miss Wenn confirmed to the committee she only rode throughout the North Island.  We note the declaration of riders for Otaki closed on 6 March so that meeting was not taken into account.  Also the Waipa meeting on the 14 March which has been cancelled.

Accordingly and under the provisions of 1106 we suspend Miss Wenn from riding in races which is to start after racing on 8 March and conclude after racing on 20 March 2013 (6 days).

Charge:

Careless Riding

Facts:

Following race 9 an information was filed pursuant to rule 638(1) (d).  Mr Neal alleged that near the 3000 metres Miss M Wenn angled her mount INANOFF inwards when not clear of SPIRO (H Tinsley) which was checked and forced inwards onto BLOOD BROTHER ( L Allpress) who was severely checked.

Submissions for Decision:

Mr Oatham demonstrated the video films which showed INANOFF racing in a midfield position soon after the start.  Miss Wenn was then seen to angle her mount inwards to obtain a better position.  Racing on her inside was SPIRO and initially she was clear of that runner when starting her inward movement.  Mr Oatham submitted that as SPIRO improved Miss Wenn continued her inward movement but taking the line of SPIRO when not the required distance clear.  He said this resulted in SPIRO being checked and forced into the line of BLOOD BROTHER who did receive a severe check.

Miss Wenn admitted she was riding forward and thought she was clear when moving in.  She said she heard a yell and did straighten momentarily but SPIRO had improved quickly on her inside which compounded the incident. 

Submissions for Penalty:

Mr Neal produced Miss Wenn's record which was clear for the last 12 months.  He conceded that SPIRO may have over-reacted in the incident but it was not really a mitigating factor.  He reminded the committee this was a group 1 race so the starting point for a suspension should be higher than normal.  He submitted a suspension of not less than 6 days would be appropriate. 

Miss Wenn said she did not have any commitments after today's racing and was currently only riding in the North Island.

Reasons for Penalty:

The committee carefully considered all evidence and submissions.  A strong mitigating factor is Miss Wenn's excellent record.  Also in her favour is her admission of the breach.  However these must be balanced against the following aggravating factors.  The breach occurred in a group 1 race and 2 horses received interference, one of which was severe.  This interference was caused by Miss Wenn angling in when insufficiently clear. We assess the level of carelessness at mid range.

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: 08238dca7f84a7c1666751ac8a83b462


informantnumber: 1397


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 19/02/2013


hearing_title: Auckland RC 6 March 2013 - R 9


charge:

Careless Riding


facts:

Following race 9 an information was filed pursuant to rule 638(1) (d).  Mr Neal alleged that near the 3000 metres Miss M Wenn angled her mount INANOFF inwards when not clear of SPIRO (H Tinsley) which was checked and forced inwards onto BLOOD BROTHER ( L Allpress) who was severely checked.


appealdecision:


isappeal:


submissionsfordecision:

Mr Oatham demonstrated the video films which showed INANOFF racing in a midfield position soon after the start.  Miss Wenn was then seen to angle her mount inwards to obtain a better position.  Racing on her inside was SPIRO and initially she was clear of that runner when starting her inward movement.  Mr Oatham submitted that as SPIRO improved Miss Wenn continued her inward movement but taking the line of SPIRO when not the required distance clear.  He said this resulted in SPIRO being checked and forced into the line of BLOOD BROTHER who did receive a severe check.

Miss Wenn admitted she was riding forward and thought she was clear when moving in.  She said she heard a yell and did straighten momentarily but SPIRO had improved quickly on her inside which compounded the incident. 


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Neal produced Miss Wenn's record which was clear for the last 12 months.  He conceded that SPIRO may have over-reacted in the incident but it was not really a mitigating factor.  He reminded the committee this was a group 1 race so the starting point for a suspension should be higher than normal.  He submitted a suspension of not less than 6 days would be appropriate. 

Miss Wenn said she did not have any commitments after today's racing and was currently only riding in the North Island.


reasonsforpenalty:

The committee carefully considered all evidence and submissions.  A strong mitigating factor is Miss Wenn's excellent record.  Also in her favour is her admission of the breach.  However these must be balanced against the following aggravating factors.  The breach occurred in a group 1 race and 2 horses received interference, one of which was severe.  This interference was caused by Miss Wenn angling in when insufficiently clear. We assess the level of carelessness at mid range.


penalty:

After taking all the above into account and adopting a 5 day starting point we find the appropriate penalty is a 6 day suspension.  Miss Wenn confirmed to the committee she only rode throughout the North Island.  We note the declaration of riders for Otaki closed on 6 March so that meeting was not taken into account.  Also the Waipa meeting on the 14 March which has been cancelled.

Accordingly and under the provisions of 1106 we suspend Miss Wenn from riding in races which is to start after racing on 8 March and conclude after racing on 20 March 2013 (6 days).


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr R Neal, co-chief Stipendiary Steward


JockeysandTrainer: Miss M Wenn, rider of INANOFF


Otherperson: Mr J Oatham, Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f3604d192d9cb3c8675bbfab41f60847


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: 6c550e8c6453e69deb586fa015002ec6


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/03/2013


meet_title: Auckland RC - 6 March 2013


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RSeabrook", "Member": "", "OtherExpenses": "0", "KMs": "310", "Total": "192.2", "kmprice": 192.19999999999999, "Approved": "on"}]


meet_otherexp:


tracklocation: auckland-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: ADooley


meet_pm2: none


name: Auckland RC