Whangarei RC 16 July 2022 – R3 – Jasmine Fawcett

Evidence:

Following the running of Race 3, the Respondent Class A Rider J Fawcett admitted a charge of careless riding which was filed pursuant to Rule 638(1)(d).  The Information alleged that as the Rider of DEPLOY Miss Fawcett allowed her mount to shift in when insufficiently clear of VILLON which was crowded, and placed MIGHTY BRIGHT in restricted room having to check near the 700m.

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 L Selvakumaran demonstrated the incident and identified the horses and Riders concerned.

Stipendiary Steward Selvakumaran said that approaching the 700 metre mark the Respondent was racing in a 3 wide position and shifted inwards resulting in crowding to VILLON who had to check off DEPLOY’s heels resulting in an inward shift and in turn checked MIGHTY BRIGHT. She said at the time of the shift she was barely one length clear.

In response, the Respondent stated that she was looking to ease into a one out position just past the 700m mark and wasn’t aware of the trailing runner, she thought that VILLON had moved to the rail.

Decision:

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

Submission for Penalty:

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

9/10/21                              6 days

13/11/21                            5 days

30/1/22                              7 days

30/1/22                              7 days

22/6/22                             7 days

Stipendiary Steward Mr Jones said Stewards assessed the level of carelessness to be in the low – mid range but were concerned at Ms Fawcett’s record.

The Respondent advised of riding engagements through until 23rd of July and sought a deferment to any proposed suspension.

In terms of any proposed penalty Ms Fawcett submitted that she didn’t get a lot of rides so any penalty would have a detrimental effect on her financial position.

Reasons for Penalty:

After considering all submissions the Adjudicative Committee determined Ms Fawcett’s 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 shifted inwards tightening VILLON causing it and MIGHTY BRIGHT to be checked.

In mitigation was the admission of the breach and that the incident occurred on the point of the corner. Further to this Ms Fawcett’s shift was minimal and at the time of her commencing the shift the trailing runner was behind and to the inside of her. VILLON (the trailing runner) was urged forward to try and take up the spot that Ms Fawcett was easing into and as a result the position became congested. For these mitigating factors we apply a 1 day reduction to penalty.

The Respondent’s riding record is treated as an aggravating factor and a 1-day uplift was applied as a result.

After consideration of the above factors a 6-day suspension was imposed.

The Adjudicative Committee strongly urged Ms Fawcett to make a concerted effort to improve her riding record to avoid further sanctions, and uplifts in penalty and referral to Rider review panels.

Conclusion:

The Respondent’s request for a deferment is granted and her licence to ride in races is suspended for a period of 6 days commencing after racing on 23rd of July and concluding after racing on 3rd August.