Waikato TR 31 January 2024 – R8 – Jasmine Fawcett

Evidence

Following the running of Race 8, the Race a Horse With Te Akau 3YO 1200m, Class A Rider Jasmine Fawcett, admitted a charge of careless riding in that she permitted her mount EMILIA JANE, to shift inwards when not sufficiently clear of IMPERIAL EMPRESS (M McNab), ROZEL (J Kamaruddin), MIVIRGO (S Spratt), NOT STRAIGHT LACED (O Bosson) and OUT OF SIGHT (B Rogerson), which all suffered interference to varying degrees near the 150 metres. Then continued to shift in, hampering IMPERIAL EMPRESS over the concluding stages.

At the commencement of the hearing, Ms Fawcett confirmed that she admitted the charge and also that she understood the nature 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, Senior Stipendiary Steward Mr Jones demonstrated the incident and identified the horses named in the Information who were either hampered or suffered interference.

Mr Jones said that approaching the 150 metre mark in the home straight, EMILIA JANE (J Fawcett) was racing wide out on the track.  He pointed out that Ms Fawcett permitted her mount to shift inwards, checking IMPERIAL EMPRESS (M McNab), who in turn inconvenienced ROZEL (J Kamaruddin). What followed was a domino effect that resulted in MIVIRGO, NOT STRAIGHT LACED and OUT OF SIGHT also being hampered or checked to varying degrees.

Mr Jones said that Ms Fawcett continued to ride forward to the finish whilst her mount continued to lay in.  She did not take sufficient steps to correct or straighten her mount and close to the finish, IMPERIAL EMPRESS was further hampered.  Mr Jones said that at the time of the first inward shift, EMILIA JANE was barely a length clear of IMPERIAL EMPRESS and was no more than ¾ length clear ahead when she shifted in on the second occasion.

In response to the first incident nearing the 150 metre mark, Ms Fawcett said that she struck her mount twice with her whip and her mount started to shift in.  She said she then then took a hold to straighten up, but “it was a bit late”.  She added that her mount was “green” and had “never run left-handed” and she did her best to correct it.  With regards to the second inward shift near the finish, Ms Fawcett said, “it was my mistake and I take full responsibility”.

Decision

As the Respondent admitted the charge, the Adjudicative Committee finds it to be proved.

Submissions for Penalty

Mrs Selvakumaran produced Ms Fawcett’s riding record which indicated six previous breaches of the Careless Riding Rule within the past 12 months from 533 Race rides.  The most recent having occurred on 1 December 2023 at Central Otago RC.  This was a low to mid-range breach resulting in a 6-day suspension.

Mrs Selvakumaran said that Stewards categorised Ms Fawcett’s level of carelessness as mid-range.

Ms Fawcett advised of riding engagements through until 3 February 2024 and sought a deferment to any proposed suspension.  In terms of any penalty, she reiterated her previous submission concerning her mount being green and never having raced left-handed.

Reasons for Penalty

Ms Fawcett has admitted one charge of Careless Riding, albeit the information and the evidence presented clearly indicates that she rode carelessly twice in the home straight.  Given the proximity of both incidents, for the purpose of assessing penalty, both are treated as one ‘continuing’ offence.  Ms Fawcett is therefore not penalised twice, but the two incidents together, are a factor that the Adjudicative Committee took into account when assessing her culpability.

After considering all submissions and reviewing the film evidence, the Adjudicative Committee determined Ms Fawcett’s carelessness to be mid to high-range and adopted an 8-day suspension as the starting point.

The evidence clearly establishes that Ms Fawcett permitted her mount to shift inwards when not the required distance clear of IMPERIAL EMPRESS, who was forced onto ROZEL. This resulted in three other horses being either checked or hampered, as a direct result of Ms Fawcett’s carelessness. After momentarily correcting her mount, she then continued to ride forward.  Near the finish, she shifted in and again, impeded and checked the progress of IMPERIAL EMPRESS.

This is Ms Fawcett’s seventh (7th) breach in 12 months.  She has a poor riding record, which is treated as an aggravating factor, and a further two days is added to the starting point.   At her current rate, she has a ratio of one careless riding breach per 75 mounts.  This is deemed to be well outside the norm.  A one-day reduction is applied for her admission of the breach.

Therefore, after consideration of all the factors, including Ms Fawcett’s culpability and her poor riding record, the Adjudicative Committee imposed a nine (9) day suspension.

Conclusion

Ms Fawcett’s request for a deferment is granted and her Licence to ride in races is suspended for a period of 9 days, commencing after racing on 3 February 2024 and concluding after racing on 17 February 2024.