Auckland TR 1 January 2025 – R9 – Jasmine Fawcett

ID: RIB50191

Respondent(s):
Jasmine Jade Fawcett - Jockey

Applicant:
Mr J Oatham, Chief Stipendiary Steward

Adjudicators:
Mr M Godber (Chairman), Mr G Jones

Persons Present:
Mr J Oatham, Ms J Fawcett

Information Number:
A18179

Decision Type:
Race Related Charge

Charge:
Breach of Whip Rule using whip above shoulder height

Rule(s):
638(3)(f)(ii) - Contravention whip rule

Plea:
Admitted

Animal Name:
ARBY

Code:
Thoroughbred

Race Date:
01/01/2025

Race Club:
Auckland Thoroughbred Racing

Race Location:
Ellerslie Racecourse - 100 Ascot Ave, Ellerslie, Auckland, 1050

Race Number:
R9

Hearing Date:
01/01/2025

Hearing Location:
Ellerslie Racecourse

Outcome: Proved

Penalty: Jockey Jasmine Fawcett is fined $800

BACKGROUND:

Following the running of Race 9, the Group 3 Queen Elizabeth II Cup, Ms J Fawcett (Class A Rider) admitted using her whip in an action above shoulder height.

Rule 638(3)(f)(ii) provides:

Without limiting the generality of subrule 638(3), in a Flat Race . . . A Rider must not use his / her whip:

(ii)  using an action that raises the Rider’s arm above shoulder height.

EVIDENCE:

Chief Stipendiary Steward Mr J Oatham demonstrated that in the home straight, Ms Fawcett struck her mount ARBY using an action with her arm raised above shoulder height on 5 occasions.

Ms Fawcett agreed with the number of strikes. She stated that her horse was on one rein and trying to hold it straight, caused her to lean down and that resulted in her whip action to be above shoulder height. It was a genuine mistake on her part.

DECISION:

As Ms Fawcett admitted the breach, the Adjudicative Committee finds the charge proved.

SUBMISSIONS ON PENALTY:

Mr Oatham advised that Ms Fawcett had a clear record for this charge and with 310 rides in the past 6 months, was a busy Jockey.

The provision in the Penalty Guideline is for a fine of $250 for a first offence. However, Mr Oatham considered an uplift in fine was required, as this was a Group 3 Race, the horse ARBY had run second (stake $46,250) and there were 5 strikes above shoulder height.

He noted that under the Whip Guidelines for a Group and Listed Race, a fine of 50% of the Rider’s fee was a starting point for a fine. In this case, that would amount to a fine of $1,150. He considered a fine of around $1,000 should be considered.

Ms Fawcett argued in mitigation, that this was her first offence under this Rule and her horse racing ungenerously was the main contributor to what occurred.

REASONS FOR PENALTY:

The Adjudicative Committee agreed, that due to the status of the race (Group 3) and the number of strikes above the shoulder (five), an uplift in the fine from a starting point of $250 was required.

The Adjudicative Committee took a starting point of $1,000, which it then reduced by $200 (20%), to reflect Ms Fawcett’s clear record and the fact that her horse racing ungenerously was a contributing factor.

CONCLUSION:

Ms Fawcett is therefore fined $800.

Decision Date: 01/01/2025

Publish Date: 02/01/2025