Whangarei RC 10 June 2023 – R1 (heard 14 June 2023 at Cambridge) – Jasmine Fawcett

Evidence

This charge arose follow the running of Race 1 at Whangarei Races on the 10th of June 2023. The hearing was opened and adjourned and subsequently heard at Cambridge Races on the 14th of June.

The Respondent J Fawcett (Rider), admitted a charge alleging excessive whip use prior to the 100 metres.

Rule 638(3)(g)(i) provides that in a Flat Race a Rider must not:

(i) strike a horse with a whip more than 5 times prior to the 100-metre mark (other than in a slapping motion down the shoulder with the whip hand remaining on the reins); or

Using the available race films, Mr Simpson demonstrated that the Respondent struck her mount 7 times from the straight entrance to the 100-metre mark.

In response, by way of explanation, the Respondent submitted that 5 of the strikes were back handers, but she was aware she had broken the Whip Rule.

Decision

As the Respondent J Fawcett admitted the breach, the Adjudicative Committee finds the breach proved (Rule 915(1)(d) refers).

Submissions For Penalty

Mr Simpson produced the Respondent’s record which indicated 4 previous breaches in the previous 6 months.

Stewards submitted a penalty commensurate with the NZTR Revised Penalty Guide for excessive whip use (as of 1 March 2022).

The Respondent submitted that if possible, she would like the Adjudicative Committee to consider a heavy fine as opposed to a suspension, but if she was to be suspended, she could commence any suspension immediately.

Reasons For Penalty

The Penalty Guide starting point for a breach of this nature is set out below.

5th breach, 2 strikes over 5 + national riding day suspension.

Previous breaches had occurred at:

9/3/23                  Warning

11/3/23                $250 fine

18/3/23              6 day suspension (Group 1 Race)

11/6/23               $500 fine

After considering the film evidence, the submissions and having due regard for the number and frequency of strikes and the force used, the Adjudicative Committee determined there are no compelling reasons to depart from the starting point set out in the Penalty Guide.

The strikes were well spaced and there was no force used.

The Adjudicative Committee considered Ms Fawcett’s suggestion of a fine, however, determined that a suspension was the correct and appropriate penalty. The Adjudicative Committee also commented, that any further breaches, would cause concern and likely result in uplift of penalty.

On that basis, the Respondent is suspended for 5 national riding days. When determining penalty, the Adjudicative Committee was cognisant of the fact that if this breach had been heard on the Raceday at which it occurred, it would have been Ms Fawcett’s 4th breach.

Conclusion

Ms Fawcett’s Licence to ride in races is suspended for 5 days, from close of racing on 14th June 2023, until close of racing on 22nd of June 2023.