R Te Aroha 7 April 2018 – R 9 – Chair, Mr A Dooley
ID: JCA14412
Code:
Thoroughbred
Meet Title:
R Te Aroha - 7 April 2018
Meet Chair:
ADooley
Meet Committee Member 1:
GJones
Race Date:
2018/04/07
Race Number:
R9
Decision:
As Ms Schwerin admitted the breach the Committee found the charge proved.
Penalty:
The Committee grants a deferment to Ms Schwerin’s suspension pursuant to Rule 1106(2).
Accordingly, Ms Schwerin’s had her license to ride in races suspended for a period to commence after racing on 11 April and conclude after racing on 21 April 2018.
Facts:
Following the running of race 9, Te Aroha Veterinary Services 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Ms Schwerin allowed her mount SHADOWS to shift out when not sufficiently clear of STAND FIRM which was forced onto heels and blundered near the 300 metres and continued to shift out hampering UNFAZED.
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 Coles demonstrated the incident using the available video footage. He said that Ms Schwerin directed her mount outwards near the 300 metres when barely a length clear of STAND FIRM. He said this resulted in STAND FIRM being forced out wider and clipped a heel of UNFAZED. He said that Ms Schwerin continued to ride her mount forward when it was shifting out and this inconvenienced UNFAZED which had to be steadied.
Ms Schwerin said that she went to angle SHADOWS outwards and her mount over reacted. She added that her mount was more tractable when racing on a left handed track.
'Mr Harris said the video footage was self-explanatory. He said that Ms Schwerin has not had a lot of riding opportunities in the last 6 months and her outward shift was “a bit ambitious”.
Submissions for Penalty:
Mr Oatham produced Ms Schwerin’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being 21 October 2017. He said that Ms Schwerin allowed her mount to shift out 2 horse widths when not sufficiently clear. He said that Ms Schwerin continued to ride her mount forward when it was shifting outwards. He categorised the level of carelessness as above mid-range.
Ms Schwerin advised that she had firm engagements at Waipa on 11 April and asked for any proposed suspension to start after that date.
Mr Harris said that he agreed with Mr Oatham’s submissions on penalty.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented.
When reviewing the video footage it was evident that Ms Schwerin permitted her mount to shift out near the 300 metres when a bare length clear of STAND FIRM. As a consequence that runner was forced outwards clipping a heel of UNFAZED and blundered. Ms Schwerin then erred when riding SHADOWS forward with the whip when her mount continued to shift outwards and this hindered the progress of UNFAZED. The Committee deemed the level of carelessness displayed by Ms Schwerin was in the mid to high range.
The Committee adopted 9 national riding days as the appropriate starting point.
The mitigating factors were Ms Schwerin’s admission of the breach and her good record for which she was afforded a 1 day reduction.
After taking into account all the above factors the Committee considered that an 8 day suspension was appropriate.
JCA Decision Fields (raw)
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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: 7f955daa9476aed6c04daa45e75368b1
informantnumber: A10061
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 08/04/2018
hearing_title: R Te Aroha 7 April 2018 - R 9 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 9, Te Aroha Veterinary Services 1400, an Information was filed pursuant to Rule 638(1)(d). The Informant, Mr Oatham, alleged that Ms Schwerin allowed her mount SHADOWS to shift out when not sufficiently clear of STAND FIRM which was forced onto heels and blundered near the 300 metres and continued to shift out hampering UNFAZED.
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 Coles demonstrated the incident using the available video footage. He said that Ms Schwerin directed her mount outwards near the 300 metres when barely a length clear of STAND FIRM. He said this resulted in STAND FIRM being forced out wider and clipped a heel of UNFAZED. He said that Ms Schwerin continued to ride her mount forward when it was shifting out and this inconvenienced UNFAZED which had to be steadied.
Ms Schwerin said that she went to angle SHADOWS outwards and her mount over reacted. She added that her mount was more tractable when racing on a left handed track.
'Mr Harris said the video footage was self-explanatory. He said that Ms Schwerin has not had a lot of riding opportunities in the last 6 months and her outward shift was “a bit ambitious”.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Schwerin admitted the breach the Committee found the charge proved.
sumissionsforpenalty:
Mr Oatham produced Ms Schwerin’s record which showed 2 previous breaches under this Rule in the last 12 months, the most recent being 21 October 2017. He said that Ms Schwerin allowed her mount to shift out 2 horse widths when not sufficiently clear. He said that Ms Schwerin continued to ride her mount forward when it was shifting outwards. He categorised the level of carelessness as above mid-range.
Ms Schwerin advised that she had firm engagements at Waipa on 11 April and asked for any proposed suspension to start after that date.
Mr Harris said that he agreed with Mr Oatham’s submissions on penalty.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented.
When reviewing the video footage it was evident that Ms Schwerin permitted her mount to shift out near the 300 metres when a bare length clear of STAND FIRM. As a consequence that runner was forced outwards clipping a heel of UNFAZED and blundered. Ms Schwerin then erred when riding SHADOWS forward with the whip when her mount continued to shift outwards and this hindered the progress of UNFAZED. The Committee deemed the level of carelessness displayed by Ms Schwerin was in the mid to high range.
The Committee adopted 9 national riding days as the appropriate starting point.
The mitigating factors were Ms Schwerin’s admission of the breach and her good record for which she was afforded a 1 day reduction.
After taking into account all the above factors the Committee considered that an 8 day suspension was appropriate.
penalty:
The Committee grants a deferment to Ms Schwerin’s suspension pursuant to Rule 1106(2).
Accordingly, Ms Schwerin’s had her license to ride in races suspended for a period to commence after racing on 11 April and conclude after racing on 21 April 2018.
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: 90df71cc5e4325b7406cd01a15a1e2bf
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: ab947a565b8ebfc8d11933f5efd33681
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/04/2018
meet_title: R Te Aroha - 7 April 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: r-te-aroha-
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: GJones
meet_pm2: none
name: R Te Aroha