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.

Waikato RC 21 December 2013 – R 9

ID: JCA11225

Applicant:
Mr J Oatham - Senior Stipendiary Steward

Respondent(s):
Miss T Wenn - Apprentice Rider

Other Person:
Mr S Wenn - Trainer assisting Miss Wenn, Mr A Coles - Stipendiary Steward

Information Number:
A2935

Hearing Type:
Hearing

New Charge:
Careless Riding

Rules:
638(1)(d)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Waikato RC - 21 December 2013

Meet Chair:
ADooley

Meet Committee Member 1:
RSeabrook

Race Date:
2013/12/21

Race Number:
R9

Decision:

As Miss Wenn admitted the breach we find the charge proved.

Penalty:

We grant Miss Wenn request to seek a deferment to her suspension as per Rule 1106(2).

ccordingly, we impose a suspension on Miss Wenn which will commence after racing on December 26 and conclude after racing on December 31 (4 North Island days).

That period of suspension encompasses meetings at Rotorua on December 27, Ellerslie on December 28, Taupo on December 30, and Stratford on December 31.

 

Facts:

Following the running of Race 9, Dunstan Feeds Championship Qualifier 2100, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Oatham, alleged that Miss T Wenn permitted her mount SUPREME LADY to shift inwards when not sufficiently clear of SECRET’S ONLY (K Leung) which was checked near the 1200 metres.

Miss T Wenn acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach.

Miss Wenn was assisted at the hearing by Mr S Wenn.

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 identified on the video films that SUPREME LADY was racing in a 3 wide position near the 1200 metres with SECRET’S ONLY inside of her by half to three quarters of a length. He pointed out where Miss Wenn drops into a two wide position which places SECRET’S ONLY in tight quarters. This resulted in Mr Leung having to check his mount and lose one and a half lengths.

Miss Wenn told the Committee that she looked in and thought she was clear so dropped in to a two wide position.

Mr S Wenn had nothing to add.

Submissions for Penalty:

Mr Oatham produced Miss Wenn’s record which showed 1 previous breach under this Rule in the last 12 months. He advised the Committee this was Miss Wenn’s 66th ride. He said Miss Wenn should be given credit for her admission of the breach and the Stewards assessed the level of carelessness at the low end. Mr Oatham submitted a suspension towards the lower end of the scale.

Miss Wenn advised that she had upcoming commitments at Ellerslie on December 26, and any period of suspension could commence after that.

Mr S Wenn had nothing to add.

Reasons for Penalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Miss Wenn’s admission of the breach, her good record in relation to this Rule and we assess the level of carelessness as low.

We note Miss Wenn was not the required distance clear of SECRET’S ONLY when shifting inwards. The Committee is aware that Miss Wenn rides only in the North Island.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.

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: 21c8538122e07597df8636a98da397fd


informantnumber: A2935


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Riding


plea: admitted


penaltyrequired: 1


decisiondate: 17/12/2013


hearing_title: Waikato RC 21 December 2013 - R 9


charge:


facts:

Following the running of Race 9, Dunstan Feeds Championship Qualifier 2100, an Information was filed pursuant to Rule 638(1) (d). The Informant, Mr Oatham, alleged that Miss T Wenn permitted her mount SUPREME LADY to shift inwards when not sufficiently clear of SECRET’S ONLY (K Leung) which was checked near the 1200 metres.

Miss T Wenn acknowledged that she understood the nature of the charge, the Rule and confirmed her admission of the breach.

Miss Wenn was assisted at the hearing by Mr S Wenn.

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 identified on the video films that SUPREME LADY was racing in a 3 wide position near the 1200 metres with SECRET’S ONLY inside of her by half to three quarters of a length. He pointed out where Miss Wenn drops into a two wide position which places SECRET’S ONLY in tight quarters. This resulted in Mr Leung having to check his mount and lose one and a half lengths.

Miss Wenn told the Committee that she looked in and thought she was clear so dropped in to a two wide position.

Mr S Wenn had nothing to add.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Miss Wenn admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Oatham produced Miss Wenn’s record which showed 1 previous breach under this Rule in the last 12 months. He advised the Committee this was Miss Wenn’s 66th ride. He said Miss Wenn should be given credit for her admission of the breach and the Stewards assessed the level of carelessness at the low end. Mr Oatham submitted a suspension towards the lower end of the scale.

Miss Wenn advised that she had upcoming commitments at Ellerslie on December 26, and any period of suspension could commence after that.

Mr S Wenn had nothing to add.


reasonsforpenalty:

The Committee carefully considered all the evidence and submissions presented. We have adopted 5 riding days as the starting point in considering the term of suspension. The mitigating factors are Miss Wenn’s admission of the breach, her good record in relation to this Rule and we assess the level of carelessness as low.

We note Miss Wenn was not the required distance clear of SECRET’S ONLY when shifting inwards. The Committee is aware that Miss Wenn rides only in the North Island.

After taking into account all the above factors we consider an appropriate penalty is a 4 day suspension.


penalty:

We grant Miss Wenn request to seek a deferment to her suspension as per Rule 1106(2).

ccordingly, we impose a suspension on Miss Wenn which will commence after racing on December 26 and conclude after racing on December 31 (4 North Island days).

That period of suspension encompasses meetings at Rotorua on December 27, Ellerslie on December 28, Taupo on December 30, and Stratford on December 31.

 


hearing_type: Hearing


Rules: 638(1)(d)


Informant: Mr J Oatham - Senior Stipendiary Steward


JockeysandTrainer: Miss T Wenn - Apprentice Rider


Otherperson: Mr S Wenn - Trainer assisting Miss Wenn, Mr A Coles - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: c4f2047fff397a699a1a4a1b5048b237


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: 256b430f612bfbb7f3deb5ecccc1489e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/12/2013


meet_title: Waikato RC - 21 December 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: waikato-rc


meet_racingtype: thoroughbred-racing


meet_chair: ADooley


meet_pm1: RSeabrook


meet_pm2: none


name: Waikato RC