Otago RC 27 November 2022 – R3 – Jasmine Fawcett

Evidence:

Following the running of Race 3, 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 MARCHING ON TAVI  “you shifted ground outwards when not sufficiently clear near the 400m checking and crowding FIRE ‘N REIGN and REDDINGTON ”. 

The Respondent 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 Ms Rebecca Haley demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward John Oatham said that approaching the 400 metre mark, the Respondent has shifted ground from the rail causing Mr Callaway (FIRE ‘N REIGN) to check, which in turn crowded and checked Mr Laking (REDDINGTON).

In response, the Respondent stated the incident was on the point of a tight bend and the horses tended to roll out.

Decision:

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

Submission for Penalty:

Stipendiary Steward Mr Oatham produced the Respondent Ms Fawcett’s riding record, which indicated 5  previous breaches under the Careless Riding Rule in the last 12 months, namely:

30 January at Auckland – 7 days

30 January at Auckland – also 7 days

22 June at Auckland – 7 days

16 July at Ruakaka – 6 days

1 November at Auckland – 7 days

The Respondent Ms Fawcett has had 392 mounts in the past 12 months.

Stipendiary Steward Mr Oatham said Stewards assessed the level of carelessness to be in the low/mid-range.

The Respondent advised of riding engagements through until 3 December and sought a deferment to any proposed suspension.

In terms of any proposed penalty, the Respondent Ms Fawcett submitted she would prefer a fine and suspension combination

Reasons for Penalty:

After considering all submissions, the Adjudicative Committee determined the Respondent’s Ms Fawcett carelessness to be in the low/mid-range and adopted a 6-day suspension as the starting point. This conforms with the NZTR Penalty Guide (as of 1 March 2022).

The available films clearly established that the Respondent has shifted outwards when not sufficiently clear, and it is for those reasons the starting point was adopted.

The Respondent’s riding record is treated as aggravating, and a 2-day uplift was applied to the 6-day starting point. For her admission of the breach, Ms Fawcett is afforded a 1 day discount on the Penalty.

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

Conclusion:

The Respondent’s request for a deferment is granted and her licence to ride in races is suspended for a period of 7 days commencing after racing on 3 December 2022, and concluding after racing on 17 December 2022.