Banks Peninsula TC 2 October 2016 – R 10 – Chair, Mr R McKenzie
ID: JCA11463
Meet Title:
Banks Peninsula TC - 2 October 2016
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2016/10/02
Race Number:
R10
Decision:
The charge was found proved.
Penalty:
Miss Young was fined the sum of $150.
Facts:
Following the running of Race 10, Charteris Bay Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Miss J J A Young, alleging a breach of Rule 869 (2) (c) in that, as the driver of CLASINA MARIA in the race, she “used her whip outside the confines of the sulky while driving CLASINA MARIA”.
Miss Young was present at the hearing of the information and she indicated that she denied the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.
Submissions for Decision:
Mr Renault showed video replays of the final 400 metres of the race. He pointed out Miss Young, driving CLASINA MARIA, take the passing lane as the field entered the final straight. The horse was soon clear of the field. Miss Young had been encouraging the horse with the whip. She then hit the shaft, with the whip in her right hand, on a number of occasions with “a straight up and down motion”, Mr Renault said. Her action then changed for the last two strikes – she went from the straight up and down to an action from behind her on two occasions. These were outside the confines of the sulky, in the area of the wheel disc, Mr Renault alleged.
Miss Young said that she was hitting the shaft initially. All that changed was that she turned her head and took her whip further back, but was still hitting the sulky shaft. It could not be conclusively seen that her whip had hit the sulky wheel or that she had used her whip outside the sulky, she submitted.
At this point in the hearing, the head-on video was replayed repeatedly and carefully studied by the Committee and the parties and a discussion took place. Miss Young was given the opportunity to satisfy the Committee that she had not used her whip outside the confines of the sulky.
Reasons for Decision:
The Committee was clearly satisfied from the video evidence that Miss Young had used her whip outside the confines of the sulky. It was clear, at least to the Committee and Mr Renault, that this was the case. Miss Young’s right arm could be seen to be extended at right-angles to the sulky with the whip also extended and, on two occasions the whip was brought down towards the sulky, behind or level with the sulky seat. It may have struck the sulky and/or wheel on these two occasions but it was not necessary for the Stewards to prove such contact, only the use of the whip in this fashion, about which we were satisfied.
Submissions for Penalty:
Mr Renault said the Penalty Guide starting point for a breach of the Rule is a 4-drives’ suspension or a $200 fine. Mr Renault said that this particular breach was low-end. He submitted that an appropriate fine was $150, having regard to this and Miss Young’s clear record.
Miss Young submitted that there was no other runner outside her, so the breach was minor.
Reasons for Penalty:
The Committee, in arriving at an appropriate penalty, took the Penalty Guide starting point of a fine of $200 (a suspension was not appropriate in this instance). From that starting point, Miss Young was entitled to a discount for her previous good record under the Rule and the low-end nature of the offending. The whip was used on only two occasions outside the confines of the sulky. We assessed that discount at $50.
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: 20b858a747667a601daf32f2dc94cf2b
informantnumber: A8362
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Using Whip Outside Sulky
plea: denied
penaltyrequired: 1
decisiondate: 04/10/2016
hearing_title: Banks Peninsula TC 2 October 2016 - R 10 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 10, Charteris Bay Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Miss J J A Young, alleging a breach of Rule 869 (2) (c) in that, as the driver of CLASINA MARIA in the race, she “used her whip outside the confines of the sulky while driving CLASINA MARIA”.
Miss Young was present at the hearing of the information and she indicated that she denied the breach.
Rule 869 provides as follows:
(2) No horseman shall during any race:-
(c) project his whip outside the sulky or draw his whip further back than the sulky seat.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault showed video replays of the final 400 metres of the race. He pointed out Miss Young, driving CLASINA MARIA, take the passing lane as the field entered the final straight. The horse was soon clear of the field. Miss Young had been encouraging the horse with the whip. She then hit the shaft, with the whip in her right hand, on a number of occasions with “a straight up and down motion”, Mr Renault said. Her action then changed for the last two strikes – she went from the straight up and down to an action from behind her on two occasions. These were outside the confines of the sulky, in the area of the wheel disc, Mr Renault alleged.
Miss Young said that she was hitting the shaft initially. All that changed was that she turned her head and took her whip further back, but was still hitting the sulky shaft. It could not be conclusively seen that her whip had hit the sulky wheel or that she had used her whip outside the sulky, she submitted.
At this point in the hearing, the head-on video was replayed repeatedly and carefully studied by the Committee and the parties and a discussion took place. Miss Young was given the opportunity to satisfy the Committee that she had not used her whip outside the confines of the sulky.
reasonsfordecision:
The Committee was clearly satisfied from the video evidence that Miss Young had used her whip outside the confines of the sulky. It was clear, at least to the Committee and Mr Renault, that this was the case. Miss Young’s right arm could be seen to be extended at right-angles to the sulky with the whip also extended and, on two occasions the whip was brought down towards the sulky, behind or level with the sulky seat. It may have struck the sulky and/or wheel on these two occasions but it was not necessary for the Stewards to prove such contact, only the use of the whip in this fashion, about which we were satisfied.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault said the Penalty Guide starting point for a breach of the Rule is a 4-drives’ suspension or a $200 fine. Mr Renault said that this particular breach was low-end. He submitted that an appropriate fine was $150, having regard to this and Miss Young’s clear record.
Miss Young submitted that there was no other runner outside her, so the breach was minor.
reasonsforpenalty:
The Committee, in arriving at an appropriate penalty, took the Penalty Guide starting point of a fine of $200 (a suspension was not appropriate in this instance). From that starting point, Miss Young was entitled to a discount for her previous good record under the Rule and the low-end nature of the offending. The whip was used on only two occasions outside the confines of the sulky. We assessed that discount at $50.
penalty:
Miss Young was fined the sum of $150.
hearing_type: Hearing
Rules: 869(2)(c)
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: J J A Young, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 38e653a77659aadfe01f660faa381f11
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R10
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 5376868248fd2b1a250b24f3931745f6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/10/2016
meet_title: Banks Peninsula TC - 2 October 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula TC