Non Raceday Inquiry – Decision dated 2 February 2022 – Jasmine Fawcett

Summary of Facts
Following the running of Races 6 and 10 at the Auckland TR race meeting (held at Ellerslie) on 30 January 2022, Class A Rider Jasmine Fawcett admitted two charges alleging careless riding.

Charge 1 – Information A14375 alleged that J Fawcett permitted her mount PEPPERELLO to shift in near the 1200m when insufficiently clear of LADY MAK, EXTORTION and WITHALLMYHEART which were crowded and hampered.

Charge 2 – Information A14376 alleged that J Fawcett permitted OVERTHEMOON to shift in abruptly when insufficiently clear of DOVES BAY which was hampered when contacted, shifting in and hampered NOVAK near the 1100m.

These charges were unable to be heard on the day due to Ms Fawcett becoming unwell, and were heard prior to the commencement at the race meeting at the Waikato RC on Wednesday 2 February 2022.

For expediency, both charges were heard together.

At the commencement of the hearing Ms Fawcett confirmed her plea and also that she understood the nature of the charges.

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

Charge 1

Using the available race films Stipendiary Steward Mrs Selvakumaran demonstrated the incident and identified the horses and Riders named in the Information.

Mrs Selvakumaran said that approaching the 1200 metre mark PEPPERELLO was racing on the outer of LADY MAK, with EXTORTION racing on its inside. She said PEPPERELLO was racing 5 wide off the fence and gradually came across the face of the field and crowded 3 runners to her inside. She pointed out that Mr Riddell’s mount was the most affected but all 3 runners involved in the incident were crowded and checked.

In response Miss Fawcett said, referring to the race films, the evidence is clear. She said that when shifting in she was conscious of a runner on her outside.

Charge 2

Using the available race films Stipendiary Steward Mrs Selvakumaran demonstrated the incident and identified the horses and Riders named in the Information.

Mrs Selvakumaran said that Ms Fawcett’s mount, OVERTHEMOON, was racing on the outer of DOVES BAY and NOVAK near the 1100m. She said that Miss Fawcett allowed her mount to cross abruptly causing Mr Kamaruddin to take hold and steady his mount. As a result, this placed Mr Grylls’ mount, NOVAK, in a tight position.

Mrs Selvakumaran said the Stewards were concerned at both the speed and the angle that Ms Fawcett came across when barely a length clear of runners to her inside.

In response Miss Fawcett had nothing further to add other than she misjudged the inward shift and her horse over-reacted.

Decision
As the Respondent admitted both charges the Adjudicative Committee finds them proved (Rule 915(1)(d) refers).

Submissions For Penalty
Mr Williamson produced the Respondent’s record which indicated four previous breaches of the Rule within the past 12 months, namely:

13/11/21 Tauranga 5 days

09/11/121 Matamata 6 days

09/05/21 Woodville 7 days + $500 fine

31/03/21 Matamata 5 days

With regards to Charge 1; Mr Williamson submitted the Respondent has had 366 mounts and this was her 5th charge of careless riding in the past 12 months. He said Stewards assessed the level of carelessness to be in the mid-range.

With regards to Charge 2; Mr Williamson submitted that this was Miss Fawcett’s 6th careless riding breach in the previous 12 months and the Stewards assessed the breach to be in the low end due to only 2 runners being affected and the angle in which she came across was the main concern. He likened the breach to one dealt with in relation to Rider L Innes on the same day, which Stewards assessed as low end.

In response, Miss Fawcett had nothing to say but did request she commence any proposed suspension immediately due to not having any future confirmed riding engagements.

Reasons For Penalty
After considering all submissions and film evidence with regards to each charge the Adjudicative Committee determined that Ms Fawcett’s carelessness to be:

Charge 1:  in the mid-range which has a 7 day starting point.

The Adjudicative Committee arrived at this assessment based on the degree of interference suffered by 3 runners, with Mr Riddell’s mount being the most affected after considerable tightening and losing its position as a result.

The Respondent has a poor riding record and as a result, the Adjudicative Committee has not afforded her any discount for combined admission and record.

Charge 2: in the low-mid range which has a 6 day starting point. In this instance, 3 horses were affected to varying degrees.

In terms of the Stewards’ submission that this breach is similar to that of the Innes matter, we determined that this breach was slightly more serious because Mr Innes checked one runner whereas in this case 3 runners were checked to varying degrees. On that basis, there is a point of difference.

The Adjudicative Committee assess this, her 6th breach, of the Rule as being an aggravating factor for which we apply a 2-day uplift, therefore arriving at a penalty of 8 days, however, pursuant to the totality principle when looking at the combined impact of both penalties, in the interests of fairness and proportionality, we apply a 1-day discount to the 8-day starting point and determine a 7-day penalty to be appropriate in the circumstances.

All starting points conform with the NZTR Penalty Guide (as of 1 September 2021).

Therefore, after consideration of all the factors, including the Respondent’s culpability with regards to each charge, her poor riding record; and the totality principle the Adjudicative Committee imposed the following penalties:

Charge 1: 7 days

Charge 2: 7 days

Note

The Respondent’s overall record is very poor.  The Adjudicative Committee understands that in the past 12 months she has had 11 charges upheld for Careless riding and whip breaches. In Addition, there has been a further 7 warnings for breaches.

Pursuant to Rule 343(2) we invite Stewards to consider referring the Respondent to the Rider Skills Review Panel for remedial training or coaching.

Conclusion – Penalty:

Charge 1: Miss Fawcett’s licence to ride in races is suspended for a period of 7 days commencing after racing on 2nd February and concluding after racing on 12th February.

Charge 2: Miss Fawcett’s licence to ride in races is suspended for a period of 7 days commencing on the 13th February and concluding after racing on the 25th February.