Waikato RC 6 November 2021 – R3 and R4 – Jasmine Fawcett

Summary of Facts
Following the running of Races 3 and 4 Class A Rider Jasmine Fawcett admitted two charges alleging excessive whip use prior to the 100 metres.

Charge 1 – Information A17152 (Race 3) alleged that the Respondent struck her mount FINEST WINE 7 times prior to the 100 metres.
Charge 2 – Information A17153 (Race 4) alleged that the Respondent struck her mount JUDY’S SONG 7 times prior to the 100 metres.

The hearing was conducted remotely and 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(3)(g)(i) provides that in a Flat Race 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); 

Using the available race films Stipendiary Steward Mr Jones demonstrated the breaches. He said that in both instances the Respondent struck her mount 7 times from the straight entrance to the 100-metre mark. On each occasion he pointed out that her mounts were racing wider on the track.

In response, the Respondent said that she accepted the number of strikes (7) in relation to both charges.

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

Submissions For Penalty
Stipendiary Steward Mr Jones produced the Respondent’s record which indicated two previous breaches of the Whip Rule within the 6-month reset period. The first on 27/06/21 and the second on 16/10/21 which resulted in a $1000 fine.

Mr Jones submitted that in relation to the first Charge (Race 3) FINEST WINE finished in 3rd place and the Respondent’s share of the stake was $150.

In relation to the second Charge (Race 4) JUDY’S SONG finished in second place and the Respondent’s share of the stake was approximately $200.

Mr Jones submitted that a penalty for each charge should be commensurate with the NZTR Revised Penalty Guide for improper whip use (as of 1 September 2021).

The Respondent submitted that she would like the Committee to show some leniency and sought a 10-day deferment to any proposed suspension.

Reasons For Penalty
The Penalty Guide starting points for 3rd and 4th breaches of this Rule are set out below and these were adopted as the starting points.

For breaches of the Whip Rule prior to the 100m mark:

3rd offence – starting point 5 national day suspension plus 50% of Jockey share of stake.
4th offence – starting point 5+ national day suspension plus 50% of Jockey share of stake.

All the evidence and submissions were considered and in relation to each charge the number and frequency of strikes as well as the force used were noted. In that regard they were not particularly forceful but it was clearly evident that the number of strikes was more than permitted.

With regards to whip breaches there is generally no discretion to apply any reduction to the starting point. There is however, limited discretion as to how much uplift should be applied.

As there were no aggravating factors the Committee determined there are no compelling reasons to apply an uplift. Furthermore, although these two breaches occurred in consecutive races and the Respondent’s record is poor (4th breach) the Committee applied the totality principle to ensure the resultant penalties were fair and proportionate.

Accordingly in relation to Charge 1 (Race 3) a 5-day suspension plus $150 fine is imposed.

In relation to Charge 2 (Race 4) a 6-day suspension and $200 fine is imposed.

The Respondent’s request for a deferment is granted.

Conclusion – Penalty
The Respondent, Ms Fawcett is granted a 10-day deferment. Her licence to ride in races is suspended for a total of 11 days from close of racing on 16 November 2021 until close of racing on 03 December 2021.

In addition, fines of $150 and $200 are imposed.