nod Posted November 25, 2021 Share Posted November 25, 2021 Gets 3 months There was a time when penalties were more severe -out for life was not uncommon That is until one jock given 'life' appealed to the Human Rights Commission or somesuch and was given his licence back . His offense? merely driving nails through the heels of his boots -was caught tip toeing in the birdcage Quote Link to comment Share on other sites More sharing options...
Huey Posted November 25, 2021 Share Posted November 25, 2021 Haven't followed this what did Pinn do wrong? Quote Link to comment Share on other sites More sharing options...
Ultra Posted November 25, 2021 Share Posted November 25, 2021 Maybe I am wrong but looks like a major overkill? Appears to have fumbled the whip inside last 50m, regathered and the final strike is with upside down whip. It isn't even much of a hit. No malice, no intent. 3 months??? Seriously??? 1 Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted November 26, 2021 Share Posted November 26, 2021 I thought the new RIB was going to bring consistency. Number of instances now where there hasn't been any and especially with similar offences between codes. Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted November 26, 2021 Share Posted November 26, 2021 Non Raceday Inquiry – Decision dated 25 November 2021 – Wiremu Pinn ID: RIB6089 Respondent(s): Wiremu Pinn - Apprentice Jockey Applicant: Mr J Oatham - Chief Stipendiary Steward Adjudicators: Hon J W Gendall QC Persons Present: Mr J Oatham, Mr B Jones - Stipendiary Steward, Mr W Robinson - Stipendiary Steward, Mr W Pinn, Mr L Molly - assisting Mr Pinn, Mr D Miller - Employer of Mr Pinn, Mr N Harris - Jockey's Mentor Information Number: A14156 Decision Type: Adjudicative Decision Charge: Used whip in improper manner Rule(s): 638(3)(e) Plea: Admitted Stewards Report Results Code: Thoroughbred Race Date: 30/10/2021 Race Club: Fielding Jockey CLub Race Location: Awapuni Racing Centre - 67 Racecourse Road, Awapuni, Palmerston North, 4412 Race Number: R1 Hearing Date: 24/11/2021 Hearing Location: Tauranga Racecourse Outcome: Proved Penalty: Apprentice Jockey Wiremu Pinn is suspended for 3 months REASONS FOR DECISION OF ADJUDICATIVE COMMITTEE FOLLOWING INQUIRY HELD AT TAURANGA RACECOURSE ON 24 NOVEMBER 2021 1. Following Authority to Charge being granted by the General Manager of Stewards, Mr J Oatham, the Chief Stipendiary Steward presented an Information charging Mr W Pinn with a breach of Rule 638(3)(e) of the Rules of Racing. The Informant contended that Mr Pinn used his whip on his mount PRIORESS in an improper manner in Race 1 at the Feilding Jockey Club meeting held at Awapuni Racecourse on 30 October 2021. 2. Rule 638(3)(e) where relevant provides that: “a Rider must not use his whip in an …… improper manner” 3. Through his lay representative Mr Pinn admitted the breach at the commencement of the hearing today. 4. The written Summary of Facts presented by Mr Oatham recorded: “1. Wiremu Pinn is the holder of a Class B (Apprentice) Riders Licence under the New Zealand Thoroughbred Racing (NZTR) Rules Of Racing. 2. On Saturday 30 October 2021 Wiremu Pinn was riding at the Feilding Jockey Club’s race meeting conducted at the Awapuni Racecourse and rode the horse PRIORESS trained by Lisa Latta in Race 1 on the programme. 3. PRIORESS finished 2nd in the race which was the Feilding Hotel 1300 over a distance of 1300 metres being beaten by an official margin of 1 ¼ lengths. 4. Subsequent to the race day complaints were received by Racing Integrity Board Stipendiary Stewards regarding the manner in which Wiremu Pinn had used his whip in the race. 5. A review of the Trackside film footage of the race, and in particular the “Side 2” close up footage, which was focused on PRIORESS did confirm these complaints that Wiremu Pinn had struck his mount with the handle end of the whip on one occasion near the 50 metres. 6. Wiremu Pinn was interviewed by Stipendiary Steward Neil Goodwin at the Otaki-Maori Racing Clubs race meeting on Thursday 4 November 2021. He denied having knowledge of his actions until he had been told by people who had seen the Trackside TV coverage which had included the close up view later on the evening of Saturday 30 October 2021.” 5. The Committee was shown the Trackside side 2 camera film, when it focused on PRIORESS. It disclosed that the horse was leading well into the home straight. It was being vigorously ridden, with proper whip use. About 50 metres from the finish it was about to be overtaken by the eventual winner, MORUS. Mr Pinn is then seen to skilfully slide his hand down his whip from the handle to near, or on, the flap end. He grasped it then proceeded to strike his mount forcefully behind the saddle with the hard handle end of the whip. His mount was beaten into second by MORUS by 1¼ lengths. One strike was applied to the horse in this fashion. It was not done in the course of conventional and accepted whip use, but rather in the manner of striking with a solid implement. 6. Some members of the public watching the coverage on “Trackside” TV observed Mr Pinn’s actions from the zoomed close focus on PRIORESS, and a complaint was made by one, via the SPCA, to the Ministry of Primary Industries. That organisation was advised by the Chief Stipendiary Steward that the RIB become aware of the incident and was in the process of bringing a charge. Mr Molloy’s Submissions on the Facts 7. Mr Molloy said that the modern whip now used has padding, and no significant power is gained from the handle of it. He said “any improper use” was at the lower end of the scale and was only “technically improper.” He observed that Mr Pinn had been doing his best to give his mount its chance in the straight, using the whip backhanded; he had immediately desisted when he had realised “what happened; no speed or undue force in the whip occurred and the matter was not an “animal welfare” issue.” Mr Molloy submitted that the action was “inadvertent” and Mr Pinn had desisted upon realising what he did. 8. But Mr Pinn told the Committee, as well as a Stipendiary Steward on 4 November 2021, that “he was unaware at the time” what he had done. There appears to be inconsistent explanations. They do not square with the admission of the charge. 9. “Inadvertent” carries a connotation of untended, or “accidental” or “not purposely”, and not deliberate. Given the admission of the charge, and the film evidence, the Committee is comfortably satisfied that the act was intentional. It accepts the submission of Mr Oatham that the action of altering the manner in which Mr Pinn held the whip was skilful and deliberate, as was the way in which there was striking of the horse, in the way displayed on the film. Penalty Submissions 10. Mr Oatham provided comprehensive submissions which, for completeness, are set out below. “a. Mr Pinn is 23 years old and employed by Daniel Miller the holder of a Class A Trainers Licence based at Matamata. b. He was first granted a Class B Riders Licence on 10 May 2018 when employed by Alan Sharrock in New Plymouth having his first race day ride on 12 May 2018. He then rode through to 2 February 2019 before relinquishing his licence on 11 February 2019. He had previously been employed by Te Akau and Stephen Autridge prior to race day riding. c. When attempting to resurrect his apprenticeship he spent time with Ken Kelso in Matamata moving to the employment of Daniel Miller where he was eventually granted a reinstatement of his apprentice licence by NZTR on 5 October 2020. d. Although having considerable success since resuming his riding career his riding has been of concern to Stipendiary Stewards from a number of angles with the period January to May 2021 including three charges of failing to take all reasonable and permissible measures to ensure that his horse is given full opportunity resulting in suspensions totalling around twelve weeks. Of further concern was an Improper Riding charge in May which related to animal welfare issues attracting a suspension of close to three weeks. e. In a career which to date has seen him riding for approx. 22 months he has had a total of 764 rides for 89 wins. Far less impressive is his overall Judicial record which has seen a total of 19 breaches of the rules – 3 reasonable and permissible, 1 improper riding, 9 careless riding, 2 failing to ride out to end of race, 3 whip offences and 1 of weighing in overweight. A further 18 official warnings/reprimands have also been recorded. f. As we are aware racing’s social licence is a target for many. This type of action leaves the industry wide open for criticism with MPI contacting the RIB regarding a complaint received via the SPCA. Various other complaints have also been made to the RIB regarding this incident. g. He has concerned Stewards, along with complaints being received by Stewards regarding his treatment of, and attitude towards his mounts on a number of occasions where he has been spoken to regarding animal welfare concerns. It has been stressed to him that people are always watching closely with any animal welfare issues in particular attracting great scrutiny. h. It is submitted by the RIB that the only conclusion we can come to after viewing film footage of his riding is that striking his mount with the handle end of his whip was a deliberate action. i. There is very little in NZTR records of precedent to this charge to assist us in determining penalty. It is believed that a clear message must be sent to all industry participants that this sort of behaviour will not be tolerated. Taking into account all matters including the offending itself and the related animal welfare aspect, along with his poor disciplinary record the RIB would submit that a substantial period of suspension is the only appropriate penalty and see that in the vicinity of a suspension of his riders licence of between three and four months.” Respondent’s Submissions as to Penalty 11. Mr Molloy submitted that the offence was “technical” and at the minor end of the scale. He emphasised that Mr Pinn stopped applying force in this way immediately. He said a number of Senior Jockeys supported Mr Pinn and had queried why he should be charged. He said the prior offending history ought not be aggravating, and the Committee should only consider prior breaches of the Whip Rules. He contended that only a fine was required. 12. Mr Miller accepted that Mr Pinn has had “some anger issues” but had never seen him improperly strike a horse. 13. Mr Harris said that when he was instructing Mr Pinn at Apprentice School, he had at times displayed boasting, or “big-noting” behaviour. Mr Harris (in an endeavour to find a reason for this action) wondered whether this event was an example of him “skiting”. Mr Pinn’s Previous Breaches of the Rules in 2021 14. Although Mr Oatham set out all Mr Pinn’s breaches since riding in 2018, the Committee only takes into account those since 2021. His record this year is lamentable. The breaches include: a) 4 suspensions for careless riding • 21 January 2021 (9 National Riding Days) • 19 March 2021 (3 days plus $250 fine) • 13 April 2021 (7 days plus $800 fine) • 9 November 2021 (7 days – to expire shortly on 25 November 2021) b) Penalties for breach of the Whip Rule (Excessive Strikes) • 25 September 2021 (fine $250) • 1 October 2021 (fine $500) • 2 October 2021 (fine $200 plus 5 days suspension) • In addition he was warned on 18 September 2021 for 2 strikes in succession inside the final 100 metres c) 2 Breaches of Rule 636(1)(b). (Failing to take reasonable and permissible measures). d) Breach of Rule 638(1)(c) on 5 May 2021. (Improper riding when forcibly jagging his mount’s mouth (suspended 13 National Riding Days – 3 weeks). 15. The offence on 5 May 2021 was especially serious involving deliberate actions, and the reactions of the horse showed that it suffered pain. This improper riding was much more serious than being careless or incompetent. The Committee’s decision there records that: • Mr Pinn “was well aware of his duty as a Rider as he had previously been warned by the Chief Stipendiary Steward following a complaint by a horse’s connections about a similar type of behaviour.” • “The Committee is satisfied from all the evidence and reactions of the horse, that this improper riding inflicted pain on the horse.” • “Animal welfare issues are paramount and Mr Pinn, as well as other Riders in the Community at large must understand that riding of this nature will not be tolerated by the Racing Code. A stern penalty is necessary to signal the disapproval of the RIU and JCA, to uphold that all must have in Racing, and to deter others.” 16. It is troubling that Mr Pinn does not appear to have heeded those remarks. 17. “Improper” can have several meanings but all carry a pejorative or condemning connotation. It can mean unacceptable; not in accordance with acceptable standards; unfitting; irregular; unprofessional. It can never be acceptable to deliberately strike a horse with a solid implement, whether whip handle butt end or similar object. It will be something more than, and outside, the usual 2 categories of Breach of Whip Rules in either 638(g)(i) or (ii). 18. Considerations, or principles, relevant in sentencing or sanctioning matters for those licensed as members of a profession (and Jockey are “professionals”) are well known and discussed in many cases (eg the Appeal Decision in RIU v Lawson). They may include: • The need to deter other Riders. • The need to punish, and deter, the wrongdoer. • The need to uphold the proper standards of the Profession or Racing Code. • The need to protect, and inspire community confidence in, and expectation of; the Racing profession. • Crucially, in this case, the need to signal to the community, and any person involved in the Racing profession, that horse welfare matters are vital and actions which impinge adversely on this, will not be tolerated. 19. Of course any suspension will affect a Rider’s privilege to obtain income from using a licence to ride, but that is an inevitable outcome which arises where any member of a profession requires to be suspended because of wrongdoing and breaching the Rules of that profession. 20. There are no defined Penalty Guidelines for this offence. It will all depend on the circumstances and be fact specific. A “starting point” of 6 weeks suspension is recommended for Improper Riding”. Improper use of the whip can take many different forms, and where a whip is used deliberately – as here – and not in a conventional manner contemplated by the Rules which govern its use, a stern penalty is required. The Committee (with 30 years’ experience sitting on Racing Judicial Committees), the Stewards, other experienced retired Jockeys (Mr N Harris, Mr W Robinson) know of no previous similar behaviour by a Rider. In truth, it was serious offending, which rightly attracted the condemnation and alarm of members of the public, the SPCA, the MPI and the Stewards. Penalty Outcome 21. A starting point of 8 weeks (2 months) suspension is taken, so as to reflect the serious nature of improper use, and to endeavour to protect the vital Animal Welfare considerations. To that starting point a significant uplift is required to reflect the several aggravating features. They include the following. 22. a) Mr Pinn’s very poor disciplinary record this year with 10 breaches across several different Rules. b) He had previously been warned by a Stipendiary Steward after a Trainer complained about his treatment of a horse. c) The Ruakaka offending on 5 May 2021 for improper riding which caused pain to the horse was serious yet does not seem to have had a deterrent effect. 23. Mr Molloy submitted that the admission of the charge was a mitigating matter so as to require a discount. The Committee carefully considered that submission but does not accept it. The decision in, and remarks of, the Supreme Court in R v Hessell make it clear that an automatic reduction in a sentence or penalty does not follow simply because of a guilty plea. All the circumstances of an individual case are to be considered in determining whether the plea ought to be required as a matter of mitigation. These will include, when the plea is made (early or late); has it resulted in saving of expense to the prosecution; and avoidance of witnesses having to give evidence; is the plea indicative of genuine remorse or contrition; may be relevant. In this case the acceptance of the charge came very late at the last moment and only after Mr Molloy was shown the Trackside film by Mr Oatham. Any defence would have been futile. The plea was not accompanied by an expression of remorse or contrition or apology. 24. Mr Pinn did not show to the Committee any remorse or insight into his offence, and his attitude as expressed was that he felt he “had a target on his back”, was unfairly treated by Stewards and closely watched because of his success. He said other Riders would not have been charged for this breach. Of course, lack of genuine remorse or contention is not regarded as aggravating, but it is regarded simply as an absence of a mitigating factor. But the plea alone, given all those factors, and the guide from the Supreme Court, did not entitle any reduction in the penalty, as it was not genuinely a matter of mitigation. 25. A condign and substantial penalty is required to bring home to Mr Pinn that his blatant disrespect for the Thoroughbred’s and the Rules of Racing, cannot be tolerated. Those involved in the Racing Code, and all members of the public – whether racing people or not – should know and understand that sanctions for egregious actions will be severe. 26. There is an uplift to the starting point of a further 1 month’s suspension. 27. Accordingly, Mr Pinn’s Licence as a Class B Rider is suspended for 3 calendar months, to commence after his current suspension ends on 25 November 2021 and to conclude at the conclusion of racing on 25 February 2022. Hon J W Gendall QC Chair Decision Date: 25/11/2021 Publish Date: 26/11/2021 Quote Link to comment Share on other sites More sharing options...
ID: RIB6089 Respondent(s): Wiremu Pinn - Apprentice Jockey Applicant: Mr J Oatham - Chief Stipendiary Steward Adjudicators: Hon J W Gendall QC Persons Present: Mr J Oatham, Mr B Jones - Stipendiary Steward, Mr W Robinson - Stipendiary Steward, Mr W Pinn, Mr L Molly - assisting Mr Pinn, Mr D Miller - Employer of Mr Pinn, Mr N Harris - Jockey's Mentor Information Number: A14156 Decision Type: Adjudicative Decision Charge: Used whip in improper manner Rule(s): 638(3)(e) Plea: Admitted Stewards Report Results Code: Thoroughbred Race Date: 30/10/2021 Race Club: Fielding Jockey CLub Race Location: Awapuni Racing Centre - 67 Racecourse Road, Awapuni, Palmerston North, 4412 Race Number: R1 Hearing Date: 24/11/2021 Hearing Location: Tauranga Racecourse Outcome: Proved Penalty: Apprentice Jockey Wiremu Pinn is suspended for 3 months REASONS FOR DECISION OF ADJUDICATIVE COMMITTEE FOLLOWING INQUIRY HELD AT TAURANGA RACECOURSE ON 24 NOVEMBER 2021 1. Following Authority to Charge being granted by the General Manager of Stewards, Mr J Oatham, the Chief Stipendiary Steward presented an Information charging Mr W Pinn with a breach of Rule 638(3)(e) of the Rules of Racing. The Informant contended that Mr Pinn used his whip on his mount PRIORESS in an improper manner in Race 1 at the Feilding Jockey Club meeting held at Awapuni Racecourse on 30 October 2021. 2. Rule 638(3)(e) where relevant provides that: “a Rider must not use his whip in an …… improper manner” 3. Through his lay representative Mr Pinn admitted the breach at the commencement of the hearing today. 4. The written Summary of Facts presented by Mr Oatham recorded: “1. Wiremu Pinn is the holder of a Class B (Apprentice) Riders Licence under the New Zealand Thoroughbred Racing (NZTR) Rules Of Racing. 2. On Saturday 30 October 2021 Wiremu Pinn was riding at the Feilding Jockey Club’s race meeting conducted at the Awapuni Racecourse and rode the horse PRIORESS trained by Lisa Latta in Race 1 on the programme. 3. PRIORESS finished 2nd in the race which was the Feilding Hotel 1300 over a distance of 1300 metres being beaten by an official margin of 1 ¼ lengths. 4. Subsequent to the race day complaints were received by Racing Integrity Board Stipendiary Stewards regarding the manner in which Wiremu Pinn had used his whip in the race. 5. A review of the Trackside film footage of the race, and in particular the “Side 2” close up footage, which was focused on PRIORESS did confirm these complaints that Wiremu Pinn had struck his mount with the handle end of the whip on one occasion near the 50 metres. 6. Wiremu Pinn was interviewed by Stipendiary Steward Neil Goodwin at the Otaki-Maori Racing Clubs race meeting on Thursday 4 November 2021. He denied having knowledge of his actions until he had been told by people who had seen the Trackside TV coverage which had included the close up view later on the evening of Saturday 30 October 2021.” 5. The Committee was shown the Trackside side 2 camera film, when it focused on PRIORESS. It disclosed that the horse was leading well into the home straight. It was being vigorously ridden, with proper whip use. About 50 metres from the finish it was about to be overtaken by the eventual winner, MORUS. Mr Pinn is then seen to skilfully slide his hand down his whip from the handle to near, or on, the flap end. He grasped it then proceeded to strike his mount forcefully behind the saddle with the hard handle end of the whip. His mount was beaten into second by MORUS by 1¼ lengths. One strike was applied to the horse in this fashion. It was not done in the course of conventional and accepted whip use, but rather in the manner of striking with a solid implement. 6. Some members of the public watching the coverage on “Trackside” TV observed Mr Pinn’s actions from the zoomed close focus on PRIORESS, and a complaint was made by one, via the SPCA, to the Ministry of Primary Industries. That organisation was advised by the Chief Stipendiary Steward that the RIB become aware of the incident and was in the process of bringing a charge. Mr Molloy’s Submissions on the Facts 7. Mr Molloy said that the modern whip now used has padding, and no significant power is gained from the handle of it. He said “any improper use” was at the lower end of the scale and was only “technically improper.” He observed that Mr Pinn had been doing his best to give his mount its chance in the straight, using the whip backhanded; he had immediately desisted when he had realised “what happened; no speed or undue force in the whip occurred and the matter was not an “animal welfare” issue.” Mr Molloy submitted that the action was “inadvertent” and Mr Pinn had desisted upon realising what he did. 8. But Mr Pinn told the Committee, as well as a Stipendiary Steward on 4 November 2021, that “he was unaware at the time” what he had done. There appears to be inconsistent explanations. They do not square with the admission of the charge. 9. “Inadvertent” carries a connotation of untended, or “accidental” or “not purposely”, and not deliberate. Given the admission of the charge, and the film evidence, the Committee is comfortably satisfied that the act was intentional. It accepts the submission of Mr Oatham that the action of altering the manner in which Mr Pinn held the whip was skilful and deliberate, as was the way in which there was striking of the horse, in the way displayed on the film. Penalty Submissions 10. Mr Oatham provided comprehensive submissions which, for completeness, are set out below. “a. Mr Pinn is 23 years old and employed by Daniel Miller the holder of a Class A Trainers Licence based at Matamata. b. He was first granted a Class B Riders Licence on 10 May 2018 when employed by Alan Sharrock in New Plymouth having his first race day ride on 12 May 2018. He then rode through to 2 February 2019 before relinquishing his licence on 11 February 2019. He had previously been employed by Te Akau and Stephen Autridge prior to race day riding. c. When attempting to resurrect his apprenticeship he spent time with Ken Kelso in Matamata moving to the employment of Daniel Miller where he was eventually granted a reinstatement of his apprentice licence by NZTR on 5 October 2020. d. Although having considerable success since resuming his riding career his riding has been of concern to Stipendiary Stewards from a number of angles with the period January to May 2021 including three charges of failing to take all reasonable and permissible measures to ensure that his horse is given full opportunity resulting in suspensions totalling around twelve weeks. Of further concern was an Improper Riding charge in May which related to animal welfare issues attracting a suspension of close to three weeks. e. In a career which to date has seen him riding for approx. 22 months he has had a total of 764 rides for 89 wins. Far less impressive is his overall Judicial record which has seen a total of 19 breaches of the rules – 3 reasonable and permissible, 1 improper riding, 9 careless riding, 2 failing to ride out to end of race, 3 whip offences and 1 of weighing in overweight. A further 18 official warnings/reprimands have also been recorded. f. As we are aware racing’s social licence is a target for many. This type of action leaves the industry wide open for criticism with MPI contacting the RIB regarding a complaint received via the SPCA. Various other complaints have also been made to the RIB regarding this incident. g. He has concerned Stewards, along with complaints being received by Stewards regarding his treatment of, and attitude towards his mounts on a number of occasions where he has been spoken to regarding animal welfare concerns. It has been stressed to him that people are always watching closely with any animal welfare issues in particular attracting great scrutiny. h. It is submitted by the RIB that the only conclusion we can come to after viewing film footage of his riding is that striking his mount with the handle end of his whip was a deliberate action. i. There is very little in NZTR records of precedent to this charge to assist us in determining penalty. It is believed that a clear message must be sent to all industry participants that this sort of behaviour will not be tolerated. Taking into account all matters including the offending itself and the related animal welfare aspect, along with his poor disciplinary record the RIB would submit that a substantial period of suspension is the only appropriate penalty and see that in the vicinity of a suspension of his riders licence of between three and four months.” Respondent’s Submissions as to Penalty 11. Mr Molloy submitted that the offence was “technical” and at the minor end of the scale. He emphasised that Mr Pinn stopped applying force in this way immediately. He said a number of Senior Jockeys supported Mr Pinn and had queried why he should be charged. He said the prior offending history ought not be aggravating, and the Committee should only consider prior breaches of the Whip Rules. He contended that only a fine was required. 12. Mr Miller accepted that Mr Pinn has had “some anger issues” but had never seen him improperly strike a horse. 13. Mr Harris said that when he was instructing Mr Pinn at Apprentice School, he had at times displayed boasting, or “big-noting” behaviour. Mr Harris (in an endeavour to find a reason for this action) wondered whether this event was an example of him “skiting”. Mr Pinn’s Previous Breaches of the Rules in 2021 14. Although Mr Oatham set out all Mr Pinn’s breaches since riding in 2018, the Committee only takes into account those since 2021. His record this year is lamentable. The breaches include: a) 4 suspensions for careless riding • 21 January 2021 (9 National Riding Days) • 19 March 2021 (3 days plus $250 fine) • 13 April 2021 (7 days plus $800 fine) • 9 November 2021 (7 days – to expire shortly on 25 November 2021) b) Penalties for breach of the Whip Rule (Excessive Strikes) • 25 September 2021 (fine $250) • 1 October 2021 (fine $500) • 2 October 2021 (fine $200 plus 5 days suspension) • In addition he was warned on 18 September 2021 for 2 strikes in succession inside the final 100 metres c) 2 Breaches of Rule 636(1)(b). (Failing to take reasonable and permissible measures). d) Breach of Rule 638(1)(c) on 5 May 2021. (Improper riding when forcibly jagging his mount’s mouth (suspended 13 National Riding Days – 3 weeks). 15. The offence on 5 May 2021 was especially serious involving deliberate actions, and the reactions of the horse showed that it suffered pain. This improper riding was much more serious than being careless or incompetent. The Committee’s decision there records that: • Mr Pinn “was well aware of his duty as a Rider as he had previously been warned by the Chief Stipendiary Steward following a complaint by a horse’s connections about a similar type of behaviour.” • “The Committee is satisfied from all the evidence and reactions of the horse, that this improper riding inflicted pain on the horse.” • “Animal welfare issues are paramount and Mr Pinn, as well as other Riders in the Community at large must understand that riding of this nature will not be tolerated by the Racing Code. A stern penalty is necessary to signal the disapproval of the RIU and JCA, to uphold that all must have in Racing, and to deter others.” 16. It is troubling that Mr Pinn does not appear to have heeded those remarks. 17. “Improper” can have several meanings but all carry a pejorative or condemning connotation. It can mean unacceptable; not in accordance with acceptable standards; unfitting; irregular; unprofessional. It can never be acceptable to deliberately strike a horse with a solid implement, whether whip handle butt end or similar object. It will be something more than, and outside, the usual 2 categories of Breach of Whip Rules in either 638(g)(i) or (ii). 18. Considerations, or principles, relevant in sentencing or sanctioning matters for those licensed as members of a profession (and Jockey are “professionals”) are well known and discussed in many cases (eg the Appeal Decision in RIU v Lawson). They may include: • The need to deter other Riders. • The need to punish, and deter, the wrongdoer. • The need to uphold the proper standards of the Profession or Racing Code. • The need to protect, and inspire community confidence in, and expectation of; the Racing profession. • Crucially, in this case, the need to signal to the community, and any person involved in the Racing profession, that horse welfare matters are vital and actions which impinge adversely on this, will not be tolerated. 19. Of course any suspension will affect a Rider’s privilege to obtain income from using a licence to ride, but that is an inevitable outcome which arises where any member of a profession requires to be suspended because of wrongdoing and breaching the Rules of that profession. 20. There are no defined Penalty Guidelines for this offence. It will all depend on the circumstances and be fact specific. A “starting point” of 6 weeks suspension is recommended for Improper Riding”. Improper use of the whip can take many different forms, and where a whip is used deliberately – as here – and not in a conventional manner contemplated by the Rules which govern its use, a stern penalty is required. The Committee (with 30 years’ experience sitting on Racing Judicial Committees), the Stewards, other experienced retired Jockeys (Mr N Harris, Mr W Robinson) know of no previous similar behaviour by a Rider. In truth, it was serious offending, which rightly attracted the condemnation and alarm of members of the public, the SPCA, the MPI and the Stewards. Penalty Outcome 21. A starting point of 8 weeks (2 months) suspension is taken, so as to reflect the serious nature of improper use, and to endeavour to protect the vital Animal Welfare considerations. To that starting point a significant uplift is required to reflect the several aggravating features. They include the following. 22. a) Mr Pinn’s very poor disciplinary record this year with 10 breaches across several different Rules. b) He had previously been warned by a Stipendiary Steward after a Trainer complained about his treatment of a horse. c) The Ruakaka offending on 5 May 2021 for improper riding which caused pain to the horse was serious yet does not seem to have had a deterrent effect. 23. Mr Molloy submitted that the admission of the charge was a mitigating matter so as to require a discount. The Committee carefully considered that submission but does not accept it. The decision in, and remarks of, the Supreme Court in R v Hessell make it clear that an automatic reduction in a sentence or penalty does not follow simply because of a guilty plea. All the circumstances of an individual case are to be considered in determining whether the plea ought to be required as a matter of mitigation. These will include, when the plea is made (early or late); has it resulted in saving of expense to the prosecution; and avoidance of witnesses having to give evidence; is the plea indicative of genuine remorse or contrition; may be relevant. In this case the acceptance of the charge came very late at the last moment and only after Mr Molloy was shown the Trackside film by Mr Oatham. Any defence would have been futile. The plea was not accompanied by an expression of remorse or contrition or apology. 24. Mr Pinn did not show to the Committee any remorse or insight into his offence, and his attitude as expressed was that he felt he “had a target on his back”, was unfairly treated by Stewards and closely watched because of his success. He said other Riders would not have been charged for this breach. Of course, lack of genuine remorse or contention is not regarded as aggravating, but it is regarded simply as an absence of a mitigating factor. But the plea alone, given all those factors, and the guide from the Supreme Court, did not entitle any reduction in the penalty, as it was not genuinely a matter of mitigation. 25. A condign and substantial penalty is required to bring home to Mr Pinn that his blatant disrespect for the Thoroughbred’s and the Rules of Racing, cannot be tolerated. Those involved in the Racing Code, and all members of the public – whether racing people or not – should know and understand that sanctions for egregious actions will be severe. 26. There is an uplift to the starting point of a further 1 month’s suspension. 27. Accordingly, Mr Pinn’s Licence as a Class B Rider is suspended for 3 calendar months, to commence after his current suspension ends on 25 November 2021 and to conclude at the conclusion of racing on 25 February 2022. Hon J W Gendall QC Chair Decision Date: 25/11/2021 Publish Date: 26/11/2021
Kihikihi Kid Posted November 26, 2021 Share Posted November 26, 2021 Horrendous reading. I like the kid but he has absolutely no empathy for horse welfare. Sorry buddy , racing is not for you. Drive a digger then you can punch and whack the shit out of that when things aren't going well. Recidivist offender. Think NGH wiped his hands of him a long time ago and most at Matamata won't let him near their horses. I notice he had the demented lunatic leprechaun represent him, he was blown out of the park. The Side On 2 footage is what you need to see to dispel any thoughts of clemency. Good Luck Wiremu. Quote Link to comment Share on other sites More sharing options...
SLB2.0 Posted November 26, 2021 Share Posted November 26, 2021 23 hours ago, Ultra said: Maybe I am wrong but looks like a major overkill? Appears to have fumbled the whip inside last 50m, regathered and the final strike is with upside down whip. It isn't even much of a hit. No malice, no intent. 3 months??? Seriously??? How do you know that he wasn't intentionally trying to flip his whip? Quote Link to comment Share on other sites More sharing options...
SLB2.0 Posted November 26, 2021 Share Posted November 26, 2021 "was unfairly treated by Stewards and closely watched because of his success". Um..... what success? Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted November 26, 2021 Share Posted November 26, 2021 27 minutes ago, SLB2.0 said: "was unfairly treated by Stewards and closely watched because of his success". Um..... what success? 9th on the Premiership table with a strike rate of 7.7. Not too tardy given the amount of holidays he gets. Quote Link to comment Share on other sites More sharing options...
Freda Posted November 26, 2021 Share Posted November 26, 2021 No one doubts his ability, Chief. It's the rest of the package that's not too flash. Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted November 26, 2021 Share Posted November 26, 2021 11 minutes ago, Freda said: No one doubts his ability, Chief. It's the rest of the package that's not too flash. @SLB2.0 doubts it! That said he isn't the first young Jockey to start out rough. I remember the day Michael Walker hit my horse on the head with a whip (not the first time or the only horse he did it to) and being the good mare that she was she threw him and stood there looking at him with evil intent in her eye. Quote Link to comment Share on other sites More sharing options...
Freda Posted November 27, 2021 Share Posted November 27, 2021 21 minutes ago, Chief Stipe said: @SLB2.0 doubts it! That said he isn't the first young Jockey to start out rough. I remember the day Michael Walker hit my horse on the head with a whip (not the first time or the only horse he did it to) and being the good mare that she was she threw him and stood there looking at him with evil intent in her eye. Good girl! 2 Quote Link to comment Share on other sites More sharing options...
nod Posted November 28, 2021 Author Share Posted November 28, 2021 On 11/27/2021 at 12:44 PM, Freda said: No one doubts his ability, Chief. It's the rest of the package that's not too flash. Agreed Freda I put him on and he rode well and won, the next run i put down to extremely bad judgment by a youngster but the third ride was unforgivable.Never ever again There is no future for him in this game Quote Link to comment Share on other sites More sharing options...
Chief Stipe Posted December 16, 2021 Share Posted December 16, 2021 Penalty reduced on appeal from 3 months to 2 months. Quote Link to comment Share on other sites More sharing options...
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