Counties RC 24 November 2018 – R 1 – Chair, Mr A Dooley
ID: JCA13448
Code:
Thoroughbred
Meet Title:
Counties RC - 24 November 2018
Meet Chair:
ADooley
Meet Committee Member 1:
BScott
Race Date:
2018/11/24
Race Number:
R1
Decision:
As Ms Fawcett admitted the breach the Committee found the charge proved.
Penalty:
The Committee granted a deferment to Ms Fawcett’s suspension pursuant to Rule 1106(2).
Accordingly, Ms Fawcett had her license to ride in races suspended for a period to commence after racing on 28 November and conclude after racing on 12 December 2018.
Facts:
Following the running of race 1, Mount Shop 2400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Ms Fawcett permitted her mount VERMONT to shift out near the 600 metres badly checking BLACKMAGICWOMAN (E McCall).
Ms Fawcett said that she understood the Rule and confirmed her admission of the breach.
Mr Coles told the Committee that Mr C Gibbs, Trainer, had assisted Ms Fawcett during the Stewards' investigation into the incident. Mr Gibbs recommended that Ms Fawcett admit the breach.
Ms Fawcett advised the Committee that she did not require any assistance at the hearing. Apprentice Jockey Mentor, Mr N Harris was not present on course.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr McLaughlin demonstrated the incident using the available video films. He said that VERMONT commenced to lay out prior to the 600 metres. He identified that Ms Fawcett took her hand off the reins and struck her mount with the whip when it was laying out near the 600 metres. He said as a consequence VERMONT shifted out and BLACKMAGICWOMAN was badly checked.
Ms Fawcett said that VERMONT was hanging out severely over the final 800 metres and she was doing everything she could to make her mount go straight. She acknowledged that by striking her mount behind the saddle near the 600 metres aggravated the interference.
Submissions for Penalty:
Mr Williamson produced Ms Fawcett's record which showed 8 previous breaches under this Rule in the last 12 months, the most recent being 20 October which incurred an 8 day suspension. He said that VERMONT proved a very difficult ride for Ms Fawcett. However, he said Ms Fawcett erred when she took her hand off the reins and struck her mount with the whip when it was hanging out near the 600 metres. He said this made the interference worse and stated that it was an unfortunate mistake. He described the level of carelessness as mid-range or slightly below and said that Ms Fawcett’s record was of some concern.
Ms Fawcett advised that she had an engagement at Rotorua on 28 November and asked for any proposed suspension to start after that date. She added that she would never strike a horse with the whip again under such circumstances.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
When reviewing the video films the Committee observed that Ms Fawcett allowed her mount to shift out 2 to 3 horse widths near the 600 metres when not the required distance clear of BLACKMAGICWOMAN. It was evident that Ms Fawcett made a bad error of judgement when she struck her mount with the whip, on the off side of the horse, when VERMONT was already hanging out. This error further exacerbated the incident. As a result BLACKMAGICWOMAN was severely checked when pushed sideways and off its rightful running line losing ground. In addition we found that ZANYETTA was also hampered and pushed wider on the track as a consequence of Ms Fawcett's actions. It was clear that Ms McCall, the rider of BLACKMAGICWOMAN, had to take evasive action to avoid VERMONT’s heels. While the Committee accepts that VERMONT was hanging out Ms Fawcett failed to take the necessary corrective action to avoid causing the interference. Coupled with that Ms Fawcett failed to exercise the degree of care and attention that would be expected of a prudent rider in such circumstances. The Committee deemed the totality of the carelessness displayed by Ms Fawcett was in the mid to high range.
The JCA Penalty Guide starting point for mid to high range carelessness is 9 national riding days which was adopted.
The Committee deemed Ms Fawcett’s careless riding record to be appalling and an aggravating factor that warranted a 2 day uplift in penalty. The NZTR records show that Ms Fawcett has had 674 rides to date in her career.
The mitigating factor was Ms Fawcett’s admission of the breach. For this she was afforded a 1 day reduction in penalty.
In assessing penalty the Committee had regard for the Premier race meetings that Ms Fawcett will miss during her suspension.
After taking into account all the above factors the Committee considered that a 10 national riding day suspension would be appropriate.
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: 38d60c098bb69c23d68f39ad611f232f
informantnumber: A11071
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 26/11/2018
hearing_title: Counties RC 24 November 2018 - R 1 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 1, Mount Shop 2400, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Williamson, alleged that Ms Fawcett permitted her mount VERMONT to shift out near the 600 metres badly checking BLACKMAGICWOMAN (E McCall).
Ms Fawcett said that she understood the Rule and confirmed her admission of the breach.
Mr Coles told the Committee that Mr C Gibbs, Trainer, had assisted Ms Fawcett during the Stewards' investigation into the incident. Mr Gibbs recommended that Ms Fawcett admit the breach.
Ms Fawcett advised the Committee that she did not require any assistance at the hearing. Apprentice Jockey Mentor, Mr N Harris was not present on course.
Rule 638(1) (d) provides: A Rider shall not ride a horse in a manner which the Judicial Committee considers to be careless.
Mr McLaughlin demonstrated the incident using the available video films. He said that VERMONT commenced to lay out prior to the 600 metres. He identified that Ms Fawcett took her hand off the reins and struck her mount with the whip when it was laying out near the 600 metres. He said as a consequence VERMONT shifted out and BLACKMAGICWOMAN was badly checked.
Ms Fawcett said that VERMONT was hanging out severely over the final 800 metres and she was doing everything she could to make her mount go straight. She acknowledged that by striking her mount behind the saddle near the 600 metres aggravated the interference.
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 8 previous breaches under this Rule in the last 12 months, the most recent being 20 October which incurred an 8 day suspension. He said that VERMONT proved a very difficult ride for Ms Fawcett. However, he said Ms Fawcett erred when she took her hand off the reins and struck her mount with the whip when it was hanging out near the 600 metres. He said this made the interference worse and stated that it was an unfortunate mistake. He described the level of carelessness as mid-range or slightly below and said that Ms Fawcett’s record was of some concern.
Ms Fawcett advised that she had an engagement at Rotorua on 28 November and asked for any proposed suspension to start after that date. She added that she would never strike a horse with the whip again under such circumstances.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
When reviewing the video films the Committee observed that Ms Fawcett allowed her mount to shift out 2 to 3 horse widths near the 600 metres when not the required distance clear of BLACKMAGICWOMAN. It was evident that Ms Fawcett made a bad error of judgement when she struck her mount with the whip, on the off side of the horse, when VERMONT was already hanging out. This error further exacerbated the incident. As a result BLACKMAGICWOMAN was severely checked when pushed sideways and off its rightful running line losing ground. In addition we found that ZANYETTA was also hampered and pushed wider on the track as a consequence of Ms Fawcett's actions. It was clear that Ms McCall, the rider of BLACKMAGICWOMAN, had to take evasive action to avoid VERMONT’s heels. While the Committee accepts that VERMONT was hanging out Ms Fawcett failed to take the necessary corrective action to avoid causing the interference. Coupled with that Ms Fawcett failed to exercise the degree of care and attention that would be expected of a prudent rider in such circumstances. The Committee deemed the totality of the carelessness displayed by Ms Fawcett was in the mid to high range.
The JCA Penalty Guide starting point for mid to high range carelessness is 9 national riding days which was adopted.
The Committee deemed Ms Fawcett’s careless riding record to be appalling and an aggravating factor that warranted a 2 day uplift in penalty. The NZTR records show that Ms Fawcett has had 674 rides to date in her career.
The mitigating factor was Ms Fawcett’s admission of the breach. For this she was afforded a 1 day reduction in penalty.
In assessing penalty the Committee had regard for the Premier race meetings that Ms Fawcett will miss during her suspension.
After taking into account all the above factors the Committee considered that a 10 national riding day suspension would be appropriate.
penalty:
The Committee granted a deferment to Ms Fawcett’s suspension pursuant to Rule 1106(2).
Accordingly, Ms Fawcett had her license to ride in races suspended for a period to commence after racing on 28 November and conclude after racing on 12 December 2018.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr M Williamson - Senior Stipendiary Steward
JockeysandTrainer: Ms J Fawcett - Apprentice Rider
Otherperson: Mr J McLaughlin - Stipendiary Steward, Mr A Coles - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 823e6704dba3081c2a7e2fe8b53c5f6f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 28cb58f62a33132300a353df42c050af
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/11/2018
meet_title: Counties RC - 24 November 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: counties-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: BScott
meet_pm2: none
name: Counties RC