Archive Decision

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Banks Peninsula TC 2 April 2018 – R 3 – Chair, Mr S Ching

ID: JCA10865

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Ms P Wakelin - Licensed Open Horsewoman

Information Number:
A10801

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 2 April 2018

Meet Chair:
SChing

Meet Committee Member 1:
GClapp

Race Date:
2018/04/02

Race Number:
R 3

Decision:

As Ms Wakelin had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Penalty:

Accordingly, Ms Wakelin was suspended from the conclusion of racing today 2 April up to and including 15 April 2018. Meetings encompassed in this period of suspension are Rangiora 8 April, Addington 13 April and Methven 15 April 2018.

Facts:

Following the running of Race 3, the Corin & Bobbity Murfit Trot, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horsewoman, Ms P Wakelin, alleging a breach of Rule 869(2)(a) in that she used her whip excessively over the concluding stages.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-

(a) Use his whip in an unnecessary, excessive or improper manner.”

Use of the Whip Guidelines provides:

-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.

-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.

Ms Wakelin had endorsed the information that the breach was admitted. She had also endorsed the information and informed the Stewards that she did not wish to be present at the hearing which was confirmed by Mr Wallis.

Mr Wallis gave evidence and showed video replays of the run home. He pointed out Ms Wakelin driving RUSTY I AM inside the 400m, when racing wide on the track and improving. Mr Wallis said that after entering the home straight, Ms Wakelin drew the whip and struck RUSTY I AM, 12 times over the concluding stages, made up of 11 forehand and 1 backhand strike.

Submissions for Penalty:

Mr Wallis stated that Ms Wakelin’s driving statistics showed 61 drives last season with 62 drives to date this season. He said that Ms Wakelin had a previous breach of this rule on 6 October 2017 where she was fined the sum of $300. Mr Wallis stated that the JCA Penalty Guide provided a 3-day suspension starting point for a second and subsequent breach of this rule. Mr Wallis stated that there were no aggravating factors to consider, and therefore submitted that a 3-day suspension be considered as penalty.

Reasons for Penalty:

The JCA Penalty Guide provides a starting point of a 3-day suspension, mitigation inclusive, for a second and subsequent breach of this rule within a 6-month period. We agreed with Mr Wallis that there were no aggravating factors to consider, warranting an uplift in penalty. We therefore determined that a 3-day suspension was an appropriate penalty in this case.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.

hearingid: 049861c0319b25aee6ee88eab4fc879d


informantnumber: A10801


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 05/04/2018


hearing_title: Banks Peninsula TC 2 April 2018 - R 3 - Chair, Mr S Ching


charge:


facts:

Following the running of Race 3, the Corin & Bobbity Murfit Trot, an Information was filed by Stipendiary Steward Mr S Wallis against Licensed Open Horsewoman, Ms P Wakelin, alleging a breach of Rule 869(2)(a) in that she used her whip excessively over the concluding stages.

Rule 869(2)(a) reads as follows:

“(2) No horseman shall during any race:-

(a) Use his whip in an unnecessary, excessive or improper manner.”

Use of the Whip Guidelines provides:

-The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.

-At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.

Ms Wakelin had endorsed the information that the breach was admitted. She had also endorsed the information and informed the Stewards that she did not wish to be present at the hearing which was confirmed by Mr Wallis.

Mr Wallis gave evidence and showed video replays of the run home. He pointed out Ms Wakelin driving RUSTY I AM inside the 400m, when racing wide on the track and improving. Mr Wallis said that after entering the home straight, Ms Wakelin drew the whip and struck RUSTY I AM, 12 times over the concluding stages, made up of 11 forehand and 1 backhand strike.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Wakelin had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).


sumissionsforpenalty:

Mr Wallis stated that Ms Wakelin’s driving statistics showed 61 drives last season with 62 drives to date this season. He said that Ms Wakelin had a previous breach of this rule on 6 October 2017 where she was fined the sum of $300. Mr Wallis stated that the JCA Penalty Guide provided a 3-day suspension starting point for a second and subsequent breach of this rule. Mr Wallis stated that there were no aggravating factors to consider, and therefore submitted that a 3-day suspension be considered as penalty.


reasonsforpenalty:

The JCA Penalty Guide provides a starting point of a 3-day suspension, mitigation inclusive, for a second and subsequent breach of this rule within a 6-month period. We agreed with Mr Wallis that there were no aggravating factors to consider, warranting an uplift in penalty. We therefore determined that a 3-day suspension was an appropriate penalty in this case.


penalty:

Accordingly, Ms Wakelin was suspended from the conclusion of racing today 2 April up to and including 15 April 2018. Meetings encompassed in this period of suspension are Rangiora 8 April, Addington 13 April and Methven 15 April 2018.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S W Wallis - Stipendiary Steward


JockeysandTrainer: Ms P Wakelin - Licensed Open Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: e510f578ac5e0b235a5a196e2a802b70


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


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race_pm1:


race_pm2:


meetid: 78858eb7a6aa2f02aad7ce9e9bb5548e


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meet_noreport: 0


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meet_emailed2: 0


meetdate: 02/04/2018


meet_title: Banks Peninsula TC - 2 April 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: SChing


meet_pm1: GClapp


meet_pm2: none


name: Banks Peninsula TC