Canterbury R 30 January 2021 – R 6 – Chair, Mr S Ching
ID: JCA13414
Code:
Thoroughbred
Meet Title:
Canterbury JC - 30 January 2021
Meet Chair:
SChing
Meet Committee Member 1:
OJarvis
Race Date:
2021/01/30
Race Number:
R6
Decision:
Ms Wynne having admitted the breach; the charge was found proved.
Penalty:
Miss Wynne’s application for a deferment of penalty was granted.
Accordingly, Ms Wynne is suspended from the conclusion of racing, 6 February 2021 up to and including 12 February 2021. In addition, Miss Wynne is fined the sum of $500.
Facts:
Following the running of Race 6, the Christchurch Casino Dunedin Cup Trial, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class A), Ms S Wynne, alleging that, as the rider of SULU SEA in the race, she used her whip excessively prior to the 100m.
Ms Wynne was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which she confirmed to the hearing. She also confirmed that she understood the Rule she was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Davidson, with the assistance of General Manager of Stewards, Mr N McIntyre, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Ms Wynne riding SULU SEA, positioned wide on the track and in contention as the field turned for home. He said that Ms Wynne drew the whip and used it on 8 occasions prior to the 100m.
Ms Wynne did not dispute the number of strikes and stated that the long straight had caused her to misjudge her whip use.
Submissions for Penalty:
Mr Davidson told the Committee that Ms Wynne’s record showed two prior breaches being 12 September 2020 at Riccarton where she received a 6-day suspension and on 29 October at Ashburton where a 6-day suspension was imposed. He said that the JCA Penalty Guide provides a starting point of a 2-day suspension and $2000 fine for a 3rd breach of this Rule within a six month period. Mr Davidson stated that a $2000 fine was excessive for a South Island rider and submitted that a longer suspension and reduced fine be considered as penalty.
Ms Wynne stated that she was not in a position to pay such a large fine and submitted that a longer suspension and reduced fine be considered as penalty. She also requested a deferment of suspension until after racing at Dunedin on 6 February 2021.
Reasons for Penalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 2-day suspension and $2000 fine for 3rd breach of this Rule. There were no aggravating factors to consider therefore no uplift in penalty is warranted. Taking into consideration the inability of Miss Wynne to pay a large fine and submissions from Mr Davidson, we determined that a longer suspension and reduced fine would be appropriate in this case. After consideration this Committee determined that a 4 National day suspension be imposed and in addition a fine of $500.
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: 33f45e58cd71cb702c71189bf88f2557
informantnumber: A14053
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 01/02/2021
hearing_title: Canterbury R 30 January 2021 - R 6 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 6, the Christchurch Casino Dunedin Cup Trial, an Information was filed by Stipendiary Steward, Mr M Davidson, against Licensed Jockey (Class A), Ms S Wynne, alleging that, as the rider of SULU SEA in the race, she used her whip excessively prior to the 100m.
Ms Wynne was present at the hearing of the Information and had endorsed the Information that the breach was admitted, which she confirmed to the hearing. She also confirmed that she understood the Rule she was being charged with.
Rule 638 provides as follows:
(3) A Rider shall not:
(b) strike a horse with a whip in a manner or to an extent which is:
(ii) excessive
The “Guidelines with Respect to Acceptable Use of the Whip” provide as follows:
Flat Races-Prior to the 100-metre mark in a race, official trial or jump out: i (i) The whip should not be used on more than 5 occasions. ii (ii) The whip should not be used in consecutive strides. iii (iii) The rider may at their discretion use the whip with a slapping motion down the shoulder, with the whip hand remaining on the reins. In the final 100 metres, the whip may be used at the Rider’s discretion.
Mr Davidson, with the assistance of General Manager of Stewards, Mr N McIntyre, gave evidence and showed video replays of the final 400 metres of the race. He pointed out Ms Wynne riding SULU SEA, positioned wide on the track and in contention as the field turned for home. He said that Ms Wynne drew the whip and used it on 8 occasions prior to the 100m.
Ms Wynne did not dispute the number of strikes and stated that the long straight had caused her to misjudge her whip use.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Wynne having admitted the breach; the charge was found proved.
sumissionsforpenalty:
Mr Davidson told the Committee that Ms Wynne’s record showed two prior breaches being 12 September 2020 at Riccarton where she received a 6-day suspension and on 29 October at Ashburton where a 6-day suspension was imposed. He said that the JCA Penalty Guide provides a starting point of a 2-day suspension and $2000 fine for a 3rd breach of this Rule within a six month period. Mr Davidson stated that a $2000 fine was excessive for a South Island rider and submitted that a longer suspension and reduced fine be considered as penalty.
Ms Wynne stated that she was not in a position to pay such a large fine and submitted that a longer suspension and reduced fine be considered as penalty. She also requested a deferment of suspension until after racing at Dunedin on 6 February 2021.
reasonsforpenalty:
In determining penalty, the Committee had regard to the JCA Penalty Guide starting point of a 2-day suspension and $2000 fine for 3rd breach of this Rule. There were no aggravating factors to consider therefore no uplift in penalty is warranted. Taking into consideration the inability of Miss Wynne to pay a large fine and submissions from Mr Davidson, we determined that a longer suspension and reduced fine would be appropriate in this case. After consideration this Committee determined that a 4 National day suspension be imposed and in addition a fine of $500.
penalty:
Miss Wynne’s application for a deferment of penalty was granted.
Accordingly, Ms Wynne is suspended from the conclusion of racing, 6 February 2021 up to and including 12 February 2021. In addition, Miss Wynne is fined the sum of $500.
hearing_type: Hearing
Rules: 638(3)(b)(ii)
Informant: M Davidson- Stipendiary Steward
JockeysandTrainer: S Wynne-Licensed Jockey (Class A)
Otherperson: Mr N McIntyre - General Manager of Stewards
PersonPresent:
Respondent:
StipendSteward:
raceid: dd38f08f15f5d6a91020b2be71695b7b
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c8a65363487caf7de1de95fbe0a26d79
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/01/2021
meet_title: Canterbury JC - 30 January 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: canterbury-jc
meet_racingtype: thoroughbred-racing
meet_chair: SChing
meet_pm1: OJarvis
meet_pm2: none
name: Canterbury JC