Archive Decision

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Whangarei RC 5 May 2021 – R 3 – Chair, Hon JW Gendall QC

ID: JCA14863

Applicant:
Mr M Williamson - Senior Stipendiary Steward

Respondent(s):
Mr W Pinn - Apprentice Rider

Other Person:
Mr S Ramsay assisting Mr Pinn

Information Number:
A14417

Hearing Type:
Hearing

New Charge:
Improper Riding

Rules:
638(1)(c)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whangarei RC - 5 May 2021

Meet Chair:
WGendall

Race Date:
2021/05/05

Race Number:
R 3

Decision:

As Mr Pinn admitted the breach it was found proved.

Penalty:

Mr Pinn's licence is suspended for 13 National Riding Days, from the completion of racing on Sunday 9 May 2021 until the completion of racing on Saturday 29 May 2021 (a total of 3 weeks).

Facts:

This Decision records the outcome of a charge preferred against Mr Pinn on raceday 5 May 2021.

Following the running of Race 3 the "Homestead Sports and Reuben Lewis Memorial" Mr Williamson presented an Information charging Mr Pinn with a breach of Rule 638(1)(c) in that he rode his mount EMPRESS QI improperly.  It was alleged that he "commenced to jag on the mouth of [his mount] on pulling up after the race and continued to do so while returning to the unsaddling enclosure."

Mr Pinn confirmed that he understood the charge and admitted it.  He was assisted by Licenced Trainer Mr S Ramsay.

Mr Pinn's employer, Mr D Miller was not present on course, but was contacted and he confirmed that he was content for the issue of penalty to be dealt with today rather than it being adjourned with the expense of a Non-Raceday resumption.

The Committee received evidence from Stipendiary Steward Ms L Selvakumaran, and Veterinarian Ms S Saint Merat who had been following the field in a vehicle.  The evidence was that upon the horses finishing the race, EMPRESS QI being ridden by Mr Pinn was jagged "forcefully on its mouth on several several occasions".  This also occurred when the horse was being ridden back to the saddling enclosure.  The extreme reactions of the horse signalled that it had suffered pain through the forceful pulling of the bit in its mouth, on several occasions.  The actions of Mr Pinn, and the horse's reactions were in front of spectators on course, as well as clearly captured on TV.

Mr Williamson said that he had received a complaint from the Trainer of the horse over the manner of these actions of Mr Pinn.

Rule 638(1) lists a gradation of riding offences ranging from foul (1)(a), reckless (1)(b), improper (1)(c), careless (1)(d) and incompetent riding (1)(e).  So improper riding is regarded as more serious than careless or incompetent riding.  Indeed, it is the type of riding that requires some deliberate actions - rather than unintended carelessness.

Submissions for Penalty:

Mr Williamson submitted that although the Penalty Guide speaks of a starting point of 6 weeks suspension he did not seek such a severe suspension penalty.  The range of improper riding will vary widely and regard has to be given to the factual basis for the charge, the personal factors of the Jockey and all surrounding mitigating and aggravating aspects.  He advised the Committee that Mr Pinn was a very promising Apprentice, having considerable success in the short time he had returned to riding.  But he referred to Mr Pinn being well aware of his duty as a Rider as he had previously been warned by the Chief Stipendiary Steward, following a complaint by a horse's connections, about a similar type of behaviour.

Mr Pinn sought to explain away his actions by saying that the horse "was difficult to ride" but that is not supported by the race films.

He said that if he was to be suspended he had committed engagements on 8 and 9 May 2021.

Reasons for Penalty:

The Committee was satisfied from all the evidence and reactions of the horse that this improper riding inflicted pain on the horse.

Animal Welfare issues are paramount and Mr Pinn, as well as other Riders and the community at large, must understand that riding of this nature will not be tolerated by the Racing Code.  A stern penalty is necessary to signal the disapproval of the RIU and JCA, to uphold the confidence that all must have in racing, and to deter others.

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: 85288b40227c50087e8524aa4b74942b


informantnumber: A14417


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Improper Riding


plea: admitted


penaltyrequired: 1


decisiondate: 06/05/2021


hearing_title: Whangarei RC 5 May 2021 - R 3 - Chair, Hon JW Gendall QC


charge:


facts:

This Decision records the outcome of a charge preferred against Mr Pinn on raceday 5 May 2021.

Following the running of Race 3 the "Homestead Sports and Reuben Lewis Memorial" Mr Williamson presented an Information charging Mr Pinn with a breach of Rule 638(1)(c) in that he rode his mount EMPRESS QI improperly.  It was alleged that he "commenced to jag on the mouth of [his mount] on pulling up after the race and continued to do so while returning to the unsaddling enclosure."

Mr Pinn confirmed that he understood the charge and admitted it.  He was assisted by Licenced Trainer Mr S Ramsay.

Mr Pinn's employer, Mr D Miller was not present on course, but was contacted and he confirmed that he was content for the issue of penalty to be dealt with today rather than it being adjourned with the expense of a Non-Raceday resumption.

The Committee received evidence from Stipendiary Steward Ms L Selvakumaran, and Veterinarian Ms S Saint Merat who had been following the field in a vehicle.  The evidence was that upon the horses finishing the race, EMPRESS QI being ridden by Mr Pinn was jagged "forcefully on its mouth on several several occasions".  This also occurred when the horse was being ridden back to the saddling enclosure.  The extreme reactions of the horse signalled that it had suffered pain through the forceful pulling of the bit in its mouth, on several occasions.  The actions of Mr Pinn, and the horse's reactions were in front of spectators on course, as well as clearly captured on TV.

Mr Williamson said that he had received a complaint from the Trainer of the horse over the manner of these actions of Mr Pinn.

Rule 638(1) lists a gradation of riding offences ranging from foul (1)(a), reckless (1)(b), improper (1)(c), careless (1)(d) and incompetent riding (1)(e).  So improper riding is regarded as more serious than careless or incompetent riding.  Indeed, it is the type of riding that requires some deliberate actions - rather than unintended carelessness.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Pinn admitted the breach it was found proved.


sumissionsforpenalty:

Mr Williamson submitted that although the Penalty Guide speaks of a starting point of 6 weeks suspension he did not seek such a severe suspension penalty.  The range of improper riding will vary widely and regard has to be given to the factual basis for the charge, the personal factors of the Jockey and all surrounding mitigating and aggravating aspects.  He advised the Committee that Mr Pinn was a very promising Apprentice, having considerable success in the short time he had returned to riding.  But he referred to Mr Pinn being well aware of his duty as a Rider as he had previously been warned by the Chief Stipendiary Steward, following a complaint by a horse's connections, about a similar type of behaviour.

Mr Pinn sought to explain away his actions by saying that the horse "was difficult to ride" but that is not supported by the race films.

He said that if he was to be suspended he had committed engagements on 8 and 9 May 2021.


reasonsforpenalty:

The Committee was satisfied from all the evidence and reactions of the horse that this improper riding inflicted pain on the horse.

Animal Welfare issues are paramount and Mr Pinn, as well as other Riders and the community at large, must understand that riding of this nature will not be tolerated by the Racing Code.  A stern penalty is necessary to signal the disapproval of the RIU and JCA, to uphold the confidence that all must have in racing, and to deter others.


penalty:

Mr Pinn's licence is suspended for 13 National Riding Days, from the completion of racing on Sunday 9 May 2021 until the completion of racing on Saturday 29 May 2021 (a total of 3 weeks).


hearing_type: Hearing


Rules: 638(1)(c)


Informant: Mr M Williamson - Senior Stipendiary Steward


JockeysandTrainer: Mr W Pinn - Apprentice Rider


Otherperson: Mr S Ramsay assisting Mr Pinn


PersonPresent:


Respondent:


StipendSteward:


raceid: 86290f990edaf4dc00a195657c21c26c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 65627831dd75220651199944a1ba955e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 1


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/05/2021


meet_title: Whangarei RC - 5 May 2021


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whangarei-rc


meet_racingtype: thoroughbred-racing


meet_chair: WGendall


meet_pm1: none


meet_pm2: none


name: Whangarei RC