Non Raceday Inquiry – Written Decision dated 25 March 2023 – Jasmine Fawcett

BACKGROUND:

Information No. A16759 has been filed by Chief Stipendiary Steward, John Oatham, against Class A Jockey, Jasmine Fawcett, alleging that, as the Rider of MISCHIEF MANAGED in Race 8, Al Basti Equiworld Dubai New Zealand Oaks (Group 1), she struck her mount seven times prior to the 100 metres.

An Authority to Charge authorising the filing of the Information was issued by the Chief Executive of the RIB and presented.

The Information was served on the Respondent at the meeting of Hororata RC held at Riccarton Park, Christchurch, on 25 March 2023, and was heard at that meeting.

The Respondent endorsed the Information “I do admit a breach of the rule” and she confirmed this at the hearing.

Rule 638(3) provides:

(g)     Subject to the other requirements this Rule 638(3), in a Flat Race or trial (including jump-outs and/or tests for certification purposes), 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.

EVIDENCE:

Chief Stipendiary Steward, John Oatham, showed a video replay of the final 400 metres of the race. He pointed out MISCHIEF MANAGED, ridden by the Respondent, improving between runners shortly after the field turned into the final straight. He showed that the Respondent then commenced using her whip and struck her mount 7 times from that point to the 100 metres.

The Respondent said that she accepted the alleged count of 7 strikes. She added that her first 5 strikes were backhanded and she had not ridden aggressively, but was merely tapping the filly to encourage her. However, she understood the Rule and admitted that she had “got it wrong”, she said.

DECISION:

The breach is admitted and is therefore deemed proved.

SUBMISSIONS FOR PENALTY:

Mr Oatham said the Respondent had received a warning on 9 March 2023 at Riccarton for 6 strikes prior to the 100 metres, which constituted a first offence and, on 11 March 2023 at Auckland TR, she received a fine of $250 for 6 strikes prior to the 100 metres. Accordingly, this breach is her 3rd offence, for which the Penalty Guide suggests a starting point of a suspension of 5 national riding days. Being a Black-Type Race, a fine is also applicable, Mr Oatham said, but suggested that the Adjudicative Committee might consider that the Respondent had already lost half of her percentage having, on raceday, incurred a suspension and a fine for careless riding in the same race.

REASONS FOR PENALTY:

The RIB Thoroughbred Racing Penalty Guide (February 2023) suggests a starting point for penalty of a “Suspension 5 National Days”. It goes on to provide that “in all breaches of the Whip Rules in any Black-Type Race, the starting point for a fine will be an amount equal to 50% of the Jockey’s share of the stake earned by their mount or the starting point on the whip penalty table, whichever is greater, and may be in addition to any suspension imposed”. The race was a Group 1.

The Respondent’s mount finished in 3rd placing in the race, earning a stake of $40,500. The Respondent’s share of the stake is $2,025. The appropriate fine would be 50% of that amount – $1,012.50, say, $1,000. However, having regard to the fact that the Respondent was fined that amount on the raceday on a careless riding charge in the same race, and having regard to the period for which the Respondent is now to be suspended following the race, the Adjudicative Committee exercised its discretion not to impose a further fine for this breach.

That concession is not to be taken, in any way, as a precedent. The circumstances of this case are quite unique – the Respondent is now suspended until after 6 May next, and has earlier lost half of her percentage of the stake money for another breach.

CONCLUSION:

The Respondent, Class A Jockey, Jasmine Fawcett, is suspended from after 29 April 2023 up to and including 6 May 2023 – 5 national riding days.