Auckland TR 22 June 2022 – R2 – Jasmine Fawcett

Evidence:

Following the running of Race 2, 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 TIMELESS “Ms Fawcett permitted her mount to shift in approaching the 900 metres when not sufficiently clear of BEYOND SKIES (C Grylls) which was forced in crowding WINEXPRESS (Y KUMAGAI) which clipped heels and blundered”.

Ms Fawcett 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 Mr Dooley demonstrated the incident and identified the horses and Riders concerned.

Mr Dooley said that approaching the 900-metre mark Ms Fawcett has shifted ground inwards after jumping from an outside barrier.  In doing so, Mr Dooley pointed out that BEYOND SKIES was forced inwards by Ms Fawcett’s mount and crowded WINEXPRESS.  As a result WINEXPRESS clipped heels and blundered.  Apprentice Rider Mr Y Kumagai had to take a firm hold of his mount and was unbalanced for a stride.

In response, Ms Fawcett stated that she knew Mr Grylls was racing on her inside, but was unaware that Mr Kumagai’s mount was behind until he clipped heels.  She said that none of the Riders yelled out.

Decision:

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

Submission for Penalty:

Stipendiary Steward Mrs Selvakumaran produced Ms Fawcett’s riding record which indicated four previous breaches under the Careless Riding Rule in the last 12 months, namely:

13/11/21 at Tauranga 5 days

09/11/21 at Matamata 6 days

30/01/22 at Ellerslie 7 days

30/01/22 at Ellerslie 7 days (note: 2 separate charges on the same day)

Ms Fawcett has had 357 mounts in the past 12 months.

Mr Selvakumaran said Stewards assessed the carelessness to be in the low to mid-range due to the consequences, but the actual shift inward was low end.

The Respondent sought 10-day deferment to any proposed suspension.  In terms of penalty she asked the Adjudicative Committee to consider a combined fine and suspension.

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent’s carelessness to be in the mid-range and adopted a 7 day (suspension) as the starting point. This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that as a consequence of the Respondent’s inward shift, WINEXPRESS clipped the heel of the runner in front of it and blundered.  It is accepted that the Respondent’s shift was not abrupt, but the consequences of the shift place the breach in the mid-range.

The Respondent’s riding record is poor given this is her 5th breach in the past 12 months.  However, this should be tempered by the fact that this is her first breach in 5 months, and her previous 4 breaches were in close proximity of each other.  On that basis, although her record is poor, no uplift is applied.  On the other hand, although she admitted the breach, she is not afforded a 1-day reduction for her combined (good) record and admission.

The Respondent’s request for a combined suspension and fine was considered but not granted. The Adjudicative Committee determined, in this case, that in the absence of any compelling grounds, there are no reasons to depart from the Penalty Guide.

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

Conclusion:

The Respondent’s request for a deferment is granted and her license to ride in races is suspended for a period of 7 days commencing after racing on 2 July 2022 and concluding after racing on 14 July 2022.