Whangarei RC 28 October 2015 – R 5 – Chair, Mr A Dooley
ID: JCA14554
Code:
Thoroughbred
Meet Title:
Whangarei RC - 28 October 2015
Meet Chair:
ADooley
Race Date:
2015/10/28
Race Number:
R5
Decision:
As Ms Schwerin admitted the breach the Committee find the charge proved.
Penalty:
The Committee notes that Ms Schwerin commences her other suspension after racing today.
Accordingly, Ms Schwerin had her license to ride in races suspended for a period to commence after racing on 4 November and conclude after racing on 13 November 2015 (4 days).
That period of suspension encompasses meetings at Rotorua, Te Rapa, Te Awamutu and Dargaville.
Facts:
Following the running of race 5, Whangarei Love It Here, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Schwerin allowed THE ROVER to shift in when not clear causing crowding to CASING THE JOINT, PORTFOLIO and WOLF SPIRIT.
Ms Schwerin acknowledged that she understood the Rule and confirmed her admission of the breach. Mr S McKee 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 Oatham demonstrated the incident on the available video footage. He identified that Ms Schwerin drew 1 from the outside and she allowed her mount to shift into the rightful running line of CASING THE JOINT when only ½ a length clear. He said this resulted in Mr Innes having to check his mount WOLF SPIRIT to avoid the heels of PORTFOLIO.
Mr Oatham said in mitigation Ms Schwerin did turn her horse's head out but it was too little too late.
Ms Schwerin said she rode her mount positively from the barrier but conceded she was not the required distance clear when shifting in. She acknowledged her corrective action was too late.
Mr McKee said the films were self – explanatory and he stated Ms Schwerin shifted in 20 metres too early.
Submissions for Penalty:
Mr Coles produced Ms Schwerin’s record which showed 3 previous breaches under this Rule in the last 12 months the most recent being 21 October 2015 which incurred a 4 day suspension. He said Ms Schwerin should be given credit for her admission of the breach and he described the level of carelessness towards the low end. Mr Coles submitted a 4 day suspension would be appropriate.
Ms Schwerin confirmed that she was suspended on 21 October and today was her last day of riding before that suspension commenced. Mr McKee confirmed this to be correct.
Reasons for Penalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Ms Schwerin’s admission of the breach and the level of carelessness was low end for which she has been given credit. However, this has to be balanced against the consequences of Ms Schwerin’s actions which resulted in 3 horse receiving minor checks. The impact of her carelessness was assessed as mid – range. The Committee considers her record to be average for an Apprentice rider and a neutral factor.
Ms Schwerin confirmed that she has no history of riding in the Central region.
After taking into account all the above factors the Committee considers an appropriate suspension is 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: 919ac0854d355c74865896915edb768f
informantnumber: A4398
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Riding
plea: admitted
penaltyrequired: 1
decisiondate: 29/10/2015
hearing_title: Whangarei RC 28 October 2015 - R 5 - Chair, Mr A Dooley
charge:
facts:
Following the running of race 5, Whangarei Love It Here, an Information was filed pursuant to Rule 638 (1)(d). The Informant, Mr Coles, alleged that Ms Schwerin allowed THE ROVER to shift in when not clear causing crowding to CASING THE JOINT, PORTFOLIO and WOLF SPIRIT.
Ms Schwerin acknowledged that she understood the Rule and confirmed her admission of the breach. Mr S McKee 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 Oatham demonstrated the incident on the available video footage. He identified that Ms Schwerin drew 1 from the outside and she allowed her mount to shift into the rightful running line of CASING THE JOINT when only ½ a length clear. He said this resulted in Mr Innes having to check his mount WOLF SPIRIT to avoid the heels of PORTFOLIO.
Mr Oatham said in mitigation Ms Schwerin did turn her horse's head out but it was too little too late.
Ms Schwerin said she rode her mount positively from the barrier but conceded she was not the required distance clear when shifting in. She acknowledged her corrective action was too late.
Mr McKee said the films were self – explanatory and he stated Ms Schwerin shifted in 20 metres too early.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Schwerin admitted the breach the Committee find the charge proved.
sumissionsforpenalty:
Mr Coles produced Ms Schwerin’s record which showed 3 previous breaches under this Rule in the last 12 months the most recent being 21 October 2015 which incurred a 4 day suspension. He said Ms Schwerin should be given credit for her admission of the breach and he described the level of carelessness towards the low end. Mr Coles submitted a 4 day suspension would be appropriate.
Ms Schwerin confirmed that she was suspended on 21 October and today was her last day of riding before that suspension commenced. Mr McKee confirmed this to be correct.
reasonsforpenalty:
The Committee carefully considered all the evidence and submissions presented. The Committee have adopted 5 riding days as the starting point in considering the term of suspension for this careless riding charge. The mitigating factors were Ms Schwerin’s admission of the breach and the level of carelessness was low end for which she has been given credit. However, this has to be balanced against the consequences of Ms Schwerin’s actions which resulted in 3 horse receiving minor checks. The impact of her carelessness was assessed as mid – range. The Committee considers her record to be average for an Apprentice rider and a neutral factor.
Ms Schwerin confirmed that she has no history of riding in the Central region.
After taking into account all the above factors the Committee considers an appropriate suspension is 4 days.
penalty:
The Committee notes that Ms Schwerin commences her other suspension after racing today.
Accordingly, Ms Schwerin had her license to ride in races suspended for a period to commence after racing on 4 November and conclude after racing on 13 November 2015 (4 days).
That period of suspension encompasses meetings at Rotorua, Te Rapa, Te Awamutu and Dargaville.
hearing_type: Hearing
Rules: 638(1)(d)
Informant: Mr A Coles - Stipendiary Steward
JockeysandTrainer: Ms A Schwerin - Apprentice Rider
Otherperson: Mr S McKee - Assisting Ms Schwerin, Mr J Oatham - Senior Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 61321a8f89b7ba3da17994eaa7a69bf8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b23b629f6c6caad963258d16c77f1274
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/10/2015
meet_title: Whangarei RC - 28 October 2015
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: whangarei-rc
meet_racingtype: thoroughbred-racing
meet_chair: ADooley
meet_pm1: none
meet_pm2: none
name: Whangarei RC