Avondale JC 2 December 2015 – R 6 – Chair, Mr A Dooley
ID: JCA15440
Code:
Thoroughbred
Meet Title:
Avondale JC - 2 December 2015
Meet Chair:
ADooley
Race Date:
2015/12/02
Race Number:
R6
Decision:
As Ms Schwerin admitted the breach the Committee find the charge proved.
Penalty:
Ms Schwerin confirmed that she incurred a suspension at Auckland on 28 November. That suspension is to begin after racing at Taranaki on 3 December and to conclude after racing at Auckland on 13 December 2015.
Accordingly, Ms Schwerin had her license to ride in races suspended for a period to commence after racing on 13 December and conclude after racing on 26 December 2015 (5 North Island days).
Facts:
Following the running of race 6, Simtrack Overhead Starting Gates 1300, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Schwerin permitted her mount LADY PIMPERNEL to shift outwards hampering SISTER O’REILLY near the 300 metres and continued to do so for a distance.
Ms Schwerin acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Schwerin 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 demonstrated the incident using all the available video footage. He identified that near the 350 metres LADY PIMPERNEL commenced to lay out quite badly which inconvenienced SISTER O’REILLY forcing that horse wider on the track. He demonstrated that passing the 200 metres Ms Spratt had to steady SISTER O’REILLY to obtain clear running to the inside of LADY PIMPERNEL. Mr Oatham acknowledged that LADY PIMPERNEL was not the easiest of rides and although Ms Schwerin made some effort to straighten her horse she erred when reverting back to using her whip when the horse was shifting ground.
Ms Schwerin agreed with Mr Oatham’s interpretation of the incident and she admitted that her mount was giving her some difficulty when it shifted out in the home straight. She identified that she made a few attempts to straighten her mount but realised after viewing the video footage that she made an error of judgement when using her whip.
Mr Harris pointed out to the Committee that Ms Schwerin's arms were going out when the horse started to drift and it is a style that some senior riders use but believed Ms Schwerin was not experienced enough to ride in that manner. He said there was no excuse for Ms Schwerin letting her horse drift out and advised Ms Schwerin that she needs to keep her reins shorter.
Submissions for Penalty:
Mr Coles produced Ms Schwerin’s record which showed 4 previous breaches under this Rule in the last 12 months. The most recent being at Auckland on November 28 which incurred a 5 day suspension. He said Ms Schwerin should be given credit for her admission of the breach and he believed she was a young rider going through a bad time because she was trying too hard. He said in today’s incident Ms Schwerin should have stopped riding her mount when it was shifting ground outwards. He said the level of carelessness was in the low to mid – range and a suspension of no more than 5 days would be appropriate.
Mr Harris asked the Committee for some leniency when imposing penalty because Ms Schwerin does not usually cause a lot of trouble. He acknowledged that she made an error today by continuing to use her whip when her mount was shifting ground outwards.
Mr Harris advised that he had been involved in a discussion with Ms Schwerin when her employer Mr McKee gave her a stern talking to. He added that it was Mr McKee's intention for Ms Schwerin to spend some time riding in the Central Region to gain more experience. Mr Harris further advised that Mr McKee was considering sending Ms Schwerin to Mr Pitman in the South Island for educational purposes.
Mr Oatham believed that Ms Schwerin should have Central Region dates included in her proposed penalty and pointed out that she was riding at Taranaki tomorrow. He added if these dates were not included then the penalty would be too harsh.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Ms Schwerin’s admission of the breach and to her credit after viewing the video films she acknowledged that she should have stopped using the whip when her mount shifted ground outwards. The level of carelessness was assessed as mid – range because the outward shift continued on for about 200 metres which clearly impacted on SISTER O’REILLY.
The Committee considers Ms Schwerin's record to be average for an Apprentice rider and a neutral factor.
The Committee verified that Ms Schwerin was riding at Taranaki on 3 December and have noted the submissions from Mr Harris and Mr Oatham regarding the Central Region meetings. The Committee reminded Ms Schwerin that she needs to be able to demonstrate a recent history of riding in regions to have them included in any future penalty.
Normally this type of breach would warrant a 6 day suspension. However, consideration was given to the Premier and Iconic race meetings Ms Schwerin would be missing and a 1 day reduction was granted.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 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: 93397f76130fd0b1f01174af4ad04563
informantnumber: A7859
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 03/12/2015
hearing_title: Avondale JC 2 December 2015 - R 6 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 6, Simtrack Overhead Starting Gates 1300, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Schwerin permitted her mount LADY PIMPERNEL to shift outwards hampering SISTER O’REILLY near the 300 metres and continued to do so for a distance.
Ms Schwerin acknowledged that she understood the Rule and confirmed her admission of the breach. Mr Harris assisted Ms Schwerin 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 demonstrated the incident using all the available video footage. He identified that near the 350 metres LADY PIMPERNEL commenced to lay out quite badly which inconvenienced SISTER O’REILLY forcing that horse wider on the track. He demonstrated that passing the 200 metres Ms Spratt had to steady SISTER O’REILLY to obtain clear running to the inside of LADY PIMPERNEL. Mr Oatham acknowledged that LADY PIMPERNEL was not the easiest of rides and although Ms Schwerin made some effort to straighten her horse she erred when reverting back to using her whip when the horse was shifting ground.
Ms Schwerin agreed with Mr Oatham’s interpretation of the incident and she admitted that her mount was giving her some difficulty when it shifted out in the home straight. She identified that she made a few attempts to straighten her mount but realised after viewing the video footage that she made an error of judgement when using her whip.
Mr Harris pointed out to the Committee that Ms Schwerin's arms were going out when the horse started to drift and it is a style that some senior riders use but believed Ms Schwerin was not experienced enough to ride in that manner. He said there was no excuse for Ms Schwerin letting her horse drift out and advised Ms Schwerin that she needs to keep her reins shorter.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Schwerin admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Ms Schwerin’s record which showed 4 previous breaches under this Rule in the last 12 months. The most recent being at Auckland on November 28 which incurred a 5 day suspension. He said Ms Schwerin should be given credit for her admission of the breach and he believed she was a young rider going through a bad time because she was trying too hard. He said in today’s incident Ms Schwerin should have stopped riding her mount when it was shifting ground outwards. He said the level of carelessness was in the low to mid – range and a suspension of no more than 5 days would be appropriate.
Mr Harris asked the Committee for some leniency when imposing penalty because Ms Schwerin does not usually cause a lot of trouble. He acknowledged that she made an error today by continuing to use her whip when her mount was shifting ground outwards.
Mr Harris advised that he had been involved in a discussion with Ms Schwerin when her employer Mr McKee gave her a stern talking to. He added that it was Mr McKee's intention for Ms Schwerin to spend some time riding in the Central Region to gain more experience. Mr Harris further advised that Mr McKee was considering sending Ms Schwerin to Mr Pitman in the South Island for educational purposes.
Mr Oatham believed that Ms Schwerin should have Central Region dates included in her proposed penalty and pointed out that she was riding at Taranaki tomorrow. He added if these dates were not included then the penalty would be too harsh.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Ms Schwerin’s admission of the breach and to her credit after viewing the video films she acknowledged that she should have stopped using the whip when her mount shifted ground outwards. The level of carelessness was assessed as mid – range because the outward shift continued on for about 200 metres which clearly impacted on SISTER O’REILLY.
The Committee considers Ms Schwerin's record to be average for an Apprentice rider and a neutral factor.
The Committee verified that Ms Schwerin was riding at Taranaki on 3 December and have noted the submissions from Mr Harris and Mr Oatham regarding the Central Region meetings. The Committee reminded Ms Schwerin that she needs to be able to demonstrate a recent history of riding in regions to have them included in any future penalty.
Normally this type of breach would warrant a 6 day suspension. However, consideration was given to the Premier and Iconic race meetings Ms Schwerin would be missing and a 1 day reduction was granted.
After taking into account all the above factors the Committee considers an appropriate suspension was 5 days.
penalty:
Ms Schwerin confirmed that she incurred a suspension at Auckland on 28 November. That suspension is to begin after racing at Taranaki on 3 December and to conclude after racing at Auckland on 13 December 2015.
Accordingly, Ms Schwerin had her license to ride in races suspended for a period to commence after racing on 13 December and conclude after racing on 26 December 2015 (5 North Island days).
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Ms A Schwerin - Apprentice Rider, Mr N Harris - Apprentice Rider Mentor
Otherperson: Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f73ff2b2bac2b52fe55c908ed68b41f1
race_expapproval:
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
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meetid: 5a184e13cad4f92a8119d1d948d7f0c0
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meetdate: 02/12/2015
meet_title: Avondale JC - 2 December 2015
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tracklocation: avondale-jc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
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name: Avondale JC