Auckland TR 1 November 2022 – R1 – Jasmine Fawcett

Evidence:

Following the running of Race 1, the Respondent Class A Rider Jasmine Fawcett admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of CHANNEL SURFER she permitted her mount to shift outwards near the 450m when not sufficiently clear of TAWI which was hampered and checked. 

The Respondent acknowledged she understood the Rule and confirmed her admission of the breach.

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

Using the available race films, Stipendiary Steward Brady Jones demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward B Jones said that on the point of the turn, Ms Fawcett had travelled up behind FASHION DELIGHT, and where she should have taken a hold, elected to shift outwards contacting TAWI. He said that there was no run available for Ms Fawcett’s mount, as CHANNEL SURFER (Fawcett) and TAWI (Grylls), were racing shoulder to shoulder at the time.

In response, Ms Fawcett said she admitted the breach, her mount was travelling well and she got onto the heels of the horse in front.

Decision:

As the Respondent admitted the breach the Adjudicative Committee finds the breach proved.

Submission for Penalty:

Chief Stipendiary Steward J Oatham produced Ms Fawcett’s riding record which indicated 5 previous breaches under the Careless Riding Rule in the last 12 months from 389 rides.

Mr Oatham said Stewards assessed the level of carelessness to be in the low-mid range.

Ms Fawcett advised of riding engagements through until 9th of November and sought a deferment to any proposed suspension.

In terms of any proposed penalty, Ms Fawcett asked if the Adjudicative Committee could consider a large fine as opposed to a suspension.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined Ms Fawcett’s carelessness to be in the low-mid range and adopted a 6-day (suspension) as the starting point. This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that the Respondent directed her mount outwards after running up onto the heels of the horse in front. Ms Fawcett had an obligation to take a hold of her mount, but instead chose to direct her mount outwards causing interference to TAWI.

The Respondent’s riding record is treated as an aggravating factor, and a 1-day uplift was applied to the 6 day starting point for her admission of the breach and record. The Adjudicative Committee gave consideration to a fine, but on this occasion, determined that a suspension was an appropriate penalty.

After consideration of the above factors, a 7-day suspension was imposed.

Conclusion:

The Respondent’s request for a deferment is granted, and her licence to ride in races is suspended for a period of 7 days commencing after racing on 9/11/22 and concluding after racing on 19/11/22.