Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

R Rotorua 21 October 2017 – R 4 – Chair, Mr N McCutcheon

ID: JCA12866

Applicant:
Mr J Oatham - Chief Stipendiary Steward

Respondent(s):
Ms A Schwerin - Apprentice Jockey

Other Person:
Mr N Harris - Apprentice Jockey Mentor assisting Ms Schwerin, Mr A Coles - Stipendiary Steward

Information Number:
A10016

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Racing Rotorua - 21 October 2017

Meet Chair:
NMcCutcheon

Meet Committee Member 1:
ADooley

Race Date:
2017/10/21

Race Number:
R 4

Decision:

As the breach was admitted it was deemed to be proved.

Penalty:

Ms Schwerin’s Apprentice Jockey’s License was suspended from the end of Racing on 28 October to the conclusion of Racing on 10 November 2017 (5 days).

The days being:
1 November - Auckland
4 November - Tauranga
7 November - Auckland
8 November - Te Awamutu
10 November - Auckland

Facts:

Following the running of Race 4 (T.W. Moore 1950) Information A10016 was filed with the Judicial Committee. The Informant alleged that Ms Schwerin, the Rider of ESKIMO PRINCE, allowed her mount to shift out when not sufficiently clear of VIVA LA JOUR which was checked near the 125m.

Rule 638(1)(d) provides:
A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless

Ms Schwerin acknowledged that she understood the Rule, the charge and confirmed that she admitted the breach.

Mr Coles, Stipendiary Steward, showed all relevant film replays and identified the two horses involved. He said that prior to the 125m ESKIMO PRINCE was racing one-off the fence with VIVA LA JOUR back and to its outside. He said that Ms Schwerin then let her mount shift out more than she possibly anticipated, resulting in a sharp check to VIVA LA JOUR. Mr Coles concluded by saying that ESKIMO PRINCE was only a bare length clear of VIVA LA JOUR when it shifted.

Ms Schwerin said that her horse had been travelling well and was zigzagging between horses and when angled out it went further that she anticipated. She added that her horse had got its tongue back and as a result felt uncomfortable.

Submissions for Penalty:

Mr Oatham said that Ms Schwerin had had two careless riding breaches during the past twelve months, with the most recent being on 17 May 2017 when a 5-riding day suspension was imposed.

He placed the carelessness in the mid-range or just above and said that a term of suspension in line with that would be the appropriate penalty.

Mr Oatham told the committee that Ms Schwerin had had only 64 rides since January 1 and that she rides predominantly in the Northern area.

Ms Schwerin said that she had rides on 28 October and would like any suspension to commence after that date.

Mr Harris said that Ms Schwerin had won a trip to Mr Waller’s stable in Sydney, listens well to his advice and asked for leniency.

Reasons for Penalty:

The JCA starting point for Careless Riding is a 5-Riding Day Suspension. A discount of 1 day was afforded Ms Schwerin due to the admittance of the breach and the relatively good record. An uplift of 1 day was deemed appropriate due to the Committee being satisfied that the carelessness exhibited by Ms Schwerin was at least 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: 6278c9a4828302648b3f716871046bae


informantnumber: A10016


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 24/10/2017


hearing_title: R Rotorua 21 October 2017 - R 4 - Chair, Mr N McCutcheon


charge:


facts:

Following the running of Race 4 (T.W. Moore 1950) Information A10016 was filed with the Judicial Committee. The Informant alleged that Ms Schwerin, the Rider of ESKIMO PRINCE, allowed her mount to shift out when not sufficiently clear of VIVA LA JOUR which was checked near the 125m.

Rule 638(1)(d) provides:
A Rider shall not ride a horse in a manner which the Judicial Committee considers to be:
(d) careless

Ms Schwerin acknowledged that she understood the Rule, the charge and confirmed that she admitted the breach.

Mr Coles, Stipendiary Steward, showed all relevant film replays and identified the two horses involved. He said that prior to the 125m ESKIMO PRINCE was racing one-off the fence with VIVA LA JOUR back and to its outside. He said that Ms Schwerin then let her mount shift out more than she possibly anticipated, resulting in a sharp check to VIVA LA JOUR. Mr Coles concluded by saying that ESKIMO PRINCE was only a bare length clear of VIVA LA JOUR when it shifted.

Ms Schwerin said that her horse had been travelling well and was zigzagging between horses and when angled out it went further that she anticipated. She added that her horse had got its tongue back and as a result felt uncomfortable.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the breach was admitted it was deemed to be proved.


sumissionsforpenalty:

Mr Oatham said that Ms Schwerin had had two careless riding breaches during the past twelve months, with the most recent being on 17 May 2017 when a 5-riding day suspension was imposed.

He placed the carelessness in the mid-range or just above and said that a term of suspension in line with that would be the appropriate penalty.

Mr Oatham told the committee that Ms Schwerin had had only 64 rides since January 1 and that she rides predominantly in the Northern area.

Ms Schwerin said that she had rides on 28 October and would like any suspension to commence after that date.

Mr Harris said that Ms Schwerin had won a trip to Mr Waller’s stable in Sydney, listens well to his advice and asked for leniency.


reasonsforpenalty:

The JCA starting point for Careless Riding is a 5-Riding Day Suspension. A discount of 1 day was afforded Ms Schwerin due to the admittance of the breach and the relatively good record. An uplift of 1 day was deemed appropriate due to the Committee being satisfied that the carelessness exhibited by Ms Schwerin was at least mid-range.


penalty:

Ms Schwerin’s Apprentice Jockey’s License was suspended from the end of Racing on 28 October to the conclusion of Racing on 10 November 2017 (5 days).

The days being:
1 November - Auckland
4 November - Tauranga
7 November - Auckland
8 November - Te Awamutu
10 November - Auckland


hearing_type: Hearing


Rules: 638(1)d)


Informant: Mr J Oatham - Chief Stipendiary Steward


JockeysandTrainer: Ms A Schwerin - Apprentice Jockey


Otherperson: Mr N Harris - Apprentice Jockey Mentor assisting Ms Schwerin, Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 807d258a78a88efb8927eb1f80ca5212


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 75dbc7babe4488ce2b28a63769211d72


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/10/2017


meet_title: Racing Rotorua - 21 October 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: racing-rotorua


meet_racingtype: thoroughbred-racing


meet_chair: NMcCutcheon


meet_pm1: ADooley


meet_pm2: none


name: Racing Rotorua