Archive Decision

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Dargaville RC 14 November 2014 – R 6

ID: JCA12348

Applicant:
Mr A Coles-Stipendiary Steward

Respondent(s):
Ms A Schwerin-Apprentice Rider

Other Person:
Mr S McKee-Licensed trainer assisting Ms Schwerin, Mr J Oatham - Stipendiary Steward

Information Number:
A4358

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
Rule 638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Dargaville RC - 14 November 2014

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2014/11/14

Race Number:
R6

Decision:

As Ms Schwerin admitted the breach the Committee finds the charge proved.

Penalty:

Accordingly we impose a period of suspension on Ms Schwerin which will commence after racing on 15 November and conclude after racing on 23 November 2014, 4 North Island days.

The meetings involved in this suspension are:

Woodville             19 November

New Plymouth      21 November

Counties              22 November

Te Rapa               23 November

Facts:

Following the running of Race 6, the CITY OF AUCKLAND SUPPORTERS GROUP MAIDEN 3YO MAIDEN, an Information was lodged by Stipendiary Steward Mr A Coles alleging that Apprentice Rider Ms A Schwerin permitted her mount CODE OF SILENCE to shift inwards when not sufficiently clear of GIANT TURTLE (Ms R Smyth) which was checked near the 900 metres hampering MERITAGGIO (Ms S Collett).

Ms Schwerin was present at the hearing and was assisted by Mr S McKee, Licensed Trainer. Ms Schwerin acknowledged that she understood the nature of the charge, and the Rule, and that she confirmed her admission of the breach.

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 CODE OF SILENCE, GIANT TURTLE, and MERITAGGIO on the available video films. He pointed out that as the field approached the 900 metres mark Ms Schwerin allowed her mount CODE OF SILENCE to shift in towards GIANT TURTLE which caused Ms Smyth to check GIANT TURTLE as it got onto the heels of CODE OF SILENCE. At the time CODE OF SILENCE had been barely 1 1/4 lengths ahead of GIANT TURTLE. As a result of this pressure on GIANT TURTLE, MERITAGGIO was also checked as Ms Smyth on GIANT TURTLE took evasive action.

Mr McKee, for Ms Schwerin acknowledged that she had taken hold of her mount a fraction too soon which caused the pressure on GIANT TURTLE. He added that in his opinion the breach was minor at he felt it was at the low end of the scale of seriousness as the pressure on GIANT TURTLE had been 'marginal'.

Submissions for Penalty:

Mr Coles produced Ms Schwerin's riding record which showed one previous suspension for a breach of this Rule when she had been suspended for a period of 5 days. He added that there had been a relegation involved in that matter; and that Ms Schwerin has had approximately 35 rides in her career to date.

Mr Coles submitted that Ms Schwerin should be given credit for her early admission of this breach, and that the Stewards felt that it was at the lower end of the scale. He felt that any suspension may reflect the Stewards' opinion that this breach was relatively minor.

Mr McKee advised the Committee that Ms Schwerin was relatively inexperienced as a race rider and confirmed that she had only incurred one period of suspension to date. He advised the Committee that Ms Schwerin was available for rides throughout the North Island if required.

Ms Schwerin advised the Committee that she had rides at Tauranga on 15 November and that her suspension could take effect after that.

Reasons for Penalty:

The Committee adopted the JCA Penalty Guidelines which show a starting point of 5 days suspension for a breach of this Rule.

We take into account Ms Schwerin's relative inexperience and her admission of the breach. While we accept that there was interference to 2 other runners, it was clear that neither rider was seriously affected as the incident was at the low end of the scale. Taking the above into consideration, coupled with Ms Schwerin's good record to date we believe an appropriate penalty is a period of suspension of 4 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: 511152e51cf8beff24435ac6e9f3df6e


informantnumber: A4358


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 12/11/2014


hearing_title: Dargaville RC 14 November 2014 - R 6


charge:


facts:

Following the running of Race 6, the CITY OF AUCKLAND SUPPORTERS GROUP MAIDEN 3YO MAIDEN, an Information was lodged by Stipendiary Steward Mr A Coles alleging that Apprentice Rider Ms A Schwerin permitted her mount CODE OF SILENCE to shift inwards when not sufficiently clear of GIANT TURTLE (Ms R Smyth) which was checked near the 900 metres hampering MERITAGGIO (Ms S Collett).

Ms Schwerin was present at the hearing and was assisted by Mr S McKee, Licensed Trainer. Ms Schwerin acknowledged that she understood the nature of the charge, and the Rule, and that she confirmed her admission of the breach.

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 CODE OF SILENCE, GIANT TURTLE, and MERITAGGIO on the available video films. He pointed out that as the field approached the 900 metres mark Ms Schwerin allowed her mount CODE OF SILENCE to shift in towards GIANT TURTLE which caused Ms Smyth to check GIANT TURTLE as it got onto the heels of CODE OF SILENCE. At the time CODE OF SILENCE had been barely 1 1/4 lengths ahead of GIANT TURTLE. As a result of this pressure on GIANT TURTLE, MERITAGGIO was also checked as Ms Smyth on GIANT TURTLE took evasive action.

Mr McKee, for Ms Schwerin acknowledged that she had taken hold of her mount a fraction too soon which caused the pressure on GIANT TURTLE. He added that in his opinion the breach was minor at he felt it was at the low end of the scale of seriousness as the pressure on GIANT TURTLE had been 'marginal'.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Schwerin admitted the breach the Committee finds the charge proved.


sumissionsforpenalty:

Mr Coles produced Ms Schwerin's riding record which showed one previous suspension for a breach of this Rule when she had been suspended for a period of 5 days. He added that there had been a relegation involved in that matter; and that Ms Schwerin has had approximately 35 rides in her career to date.

Mr Coles submitted that Ms Schwerin should be given credit for her early admission of this breach, and that the Stewards felt that it was at the lower end of the scale. He felt that any suspension may reflect the Stewards' opinion that this breach was relatively minor.

Mr McKee advised the Committee that Ms Schwerin was relatively inexperienced as a race rider and confirmed that she had only incurred one period of suspension to date. He advised the Committee that Ms Schwerin was available for rides throughout the North Island if required.

Ms Schwerin advised the Committee that she had rides at Tauranga on 15 November and that her suspension could take effect after that.


reasonsforpenalty:

The Committee adopted the JCA Penalty Guidelines which show a starting point of 5 days suspension for a breach of this Rule.

We take into account Ms Schwerin's relative inexperience and her admission of the breach. While we accept that there was interference to 2 other runners, it was clear that neither rider was seriously affected as the incident was at the low end of the scale. Taking the above into consideration, coupled with Ms Schwerin's good record to date we believe an appropriate penalty is a period of suspension of 4 days.


penalty:

Accordingly we impose a period of suspension on Ms Schwerin which will commence after racing on 15 November and conclude after racing on 23 November 2014, 4 North Island days.

The meetings involved in this suspension are:

Woodville             19 November

New Plymouth      21 November

Counties              22 November

Te Rapa               23 November


hearing_type: Hearing


Rules: Rule 638(1)(d)


Informant: Mr A Coles-Stipendiary Steward


JockeysandTrainer: Ms A Schwerin-Apprentice Rider


Otherperson: Mr S McKee-Licensed trainer assisting Ms Schwerin, Mr J Oatham - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f4e0d288dbaf6f9138a7c307484471c0


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: 97e398fda084fbf91833e435c1e35892


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/11/2014


meet_title: Dargaville RC - 14 November 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: dargaville-rc


meet_racingtype: thoroughbred-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Dargaville RC