Forbury Park TC 28 June 2018- R 5 – Chair, Prof G Hall
ID: JCA10891
Meet Title:
Forbury Park TC - 28 June 2018
Meet Chair:
GHall
Race Date:
2018/06/28
Race Number:
R 5
Decision:
As Ms McKay has admitted the breach, it is found to be proved.
Penalty:
Ms McKay is suspended for 3 days from the end of racing on 1 July up to and including 8 July. These are the meetings at Addington, Forbury Park and Rangiora.
Facts:
Mr Renault, Stipendiary Steward, alleged that Ms McKay used her whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on her drive CLIFTON TACTIC in race 5, the MEMORIAL NIGHT 12TH JULY 2018 MOBILE PACE 3YO+ R53 2200 metres.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Ms McKay admitted the breach and was assisted at the hearing by Mr Close.
Mr Renault demonstrated the alleged breach on the videos. He pointed out Ms McKay, who was racing one out and one back as they turned for home. Ms McKay used her whip 13 times in the last 400 metres. The strikes were not forceful but Mr Renault emphasised the whip use was continuous.
Ms McKay said she had not been counting and realised she needed to change her whip action.
Mr Close echoed these comments, stating Ms McKay needed to learn to try some other means to encourage the horse.
Submissions for Penalty:
Mr Renault described the breach as low end and submitted a 3-day suspension was appropriate.
Ms McKay and Mr Close did not disagree with this submission.
The penalty is determined by a sliding scale and previous breaches. The count for Ms McKay is 13 strikes. She agrees that this is the number. Ms McKay has had 89 drives this season, and 56 last season.
Reasons for Penalty:
This is Ms McKay’s second breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a starting point of 3 days for a second breach within 6 months or 200 drives. Ms McKay’s first breach was on 11 February last and she has had 47 drives since then. So, there is no penalty reset. There are no aggravating or mitigating factors that would lead to an upping or lowering of the starting point.
JCA Decision Fields (raw)
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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: 0eebc588ad72b7dc2de7c083f9ef7539
informantnumber: A10522
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 29/06/2018
hearing_title: Forbury Park TC 28 June 2018- R 5 - Chair, Prof G Hall
charge:
facts:
Mr Renault, Stipendiary Steward, alleged that Ms McKay used her whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on her drive CLIFTON TACTIC in race 5, the MEMORIAL NIGHT 12TH JULY 2018 MOBILE PACE 3YO+ R53 2200 metres.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Ms McKay admitted the breach and was assisted at the hearing by Mr Close.
Mr Renault demonstrated the alleged breach on the videos. He pointed out Ms McKay, who was racing one out and one back as they turned for home. Ms McKay used her whip 13 times in the last 400 metres. The strikes were not forceful but Mr Renault emphasised the whip use was continuous.
Ms McKay said she had not been counting and realised she needed to change her whip action.
Mr Close echoed these comments, stating Ms McKay needed to learn to try some other means to encourage the horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms McKay has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Renault described the breach as low end and submitted a 3-day suspension was appropriate.
Ms McKay and Mr Close did not disagree with this submission.
The penalty is determined by a sliding scale and previous breaches. The count for Ms McKay is 13 strikes. She agrees that this is the number. Ms McKay has had 89 drives this season, and 56 last season.
reasonsforpenalty:
This is Ms McKay’s second breach of this rule since the regulations came into force on 30 November. The Use of the Whip Regulations provide for a starting point of 3 days for a second breach within 6 months or 200 drives. Ms McKay’s first breach was on 11 February last and she has had 47 drives since then. So, there is no penalty reset. There are no aggravating or mitigating factors that would lead to an upping or lowering of the starting point.
penalty:
Ms McKay is suspended for 3 days from the end of racing on 1 July up to and including 8 July. These are the meetings at Addington, Forbury Park and Rangiora.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Ms L McKay - Junior Driver
Otherperson: Mr R Close - Open Horseman assisting Ms McKay
PersonPresent:
Respondent:
StipendSteward:
raceid: ee84bb909ef28adead9f7d7663192279
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 90bbfedce9b03692378160735ffe6725
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/06/2018
meet_title: Forbury Park TC - 28 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC