Gore HRC 11 August 2018 – R 8 – Chair, Prof G Hall
ID: JCA11700
Meet Title:
Gore HRC - 11 August 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/08/11
Race Number:
R 8
Decision:
The breach is thus found to be proved.
Penalty:
Ms Barclay is suspended from the end of racing today up to and including 22 September 2018. This is 5 Otago/Southland meetings.
Facts:
Following the running of Race 8, the HOKONUI RURAL TRANSPORT LTD MOBILE PACE, $8820, R48 TO R55, 2200m, an Information was filed by Stipendiary Steward, Mr Renault, alleging that Ms Barclay, the driver of GRACE BURNS, used her whip on more occasions than is permitted by the Use of the Whip Regulations.
Ms Barclay was advised by the Stewards that she would be charged with a breach of this rule. Mr Renault said she responded, “Do what you like. I’ve had a gutsful. I’m leaving.”
Stipendiary Steward, Mr Quirk helpfully explained that the respondent had 4 horses to get home. Race 8 was the last race on the programme.
Submissions for Decision:
Mr Renault stated that Ms Barclay had said that she knew she was close to 10 and that was why she had stopped using the whip and had gone to the reins. He said he had also reminded the respondent of her obligations concerning driving the horse out to the finish of the race. Ms Barclay had not looked at the films and refused to view them. She was aware she would be charged under r 869(2).
Ms Barclay was taken to have denied the breach and the Stewards were asked to present the RIU’s case.
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.
Mr Munro, Stipendiary Steward, identified GRACE BURNS on the race films. Mr Renault demonstrated that the respondent used her whip 16 times. There were 4 strikes in the back straight home and then 4 rapid fire strikes on 3 occasions in the home straight. These 12 strikes were interrupted by quite distinct pauses. GRACE BURNS finished in 2nd place.
Reasons for Decision:
The Committee is satisfied there were 16 strikes after the 400 metres.
Submissions for Penalty:
Mr Renault said Ms Barclay had had 52 drives last season and this was her first drive this season. The respondent had a number of previous breaches of this rule: on 24 November she was suspended for 5 days; on 27 January she was fined $300 and suspended for 2 days; on 21 April she was suspended for 5 days. He submitted the starting point in the JCA Penalty Guide was 3 days. He believed the appropriate penalty was 5 days in view of the number of strikes and the respondent’s bad record.
Reasons for Penalty:
Six months is the reset period under this rule. Ms Barclay has one previous breach of this rule in the last 6 months. This was only her 14th drive since her last suspension. The starting point having regard to the fact that the number of strikes is at the high end of mid-range and Ms Barclay’s record is uplifted from 3 to 5 days. There are no mitigating factors.
There is no Otago/Southland meeting in the next week, therefore the issue of a 7-day deferment does not need to be addressed.
Mr Renault stated that Ms Barclay only drives intermittently at Oamaru and asked that the upcoming meeting at that venue not be included in the number of days, as the penalty had to be a meaningful one. The Committee inquired as to when the respondent last drove at Oamaru. This was stated to be 2 November 2017. As this is within the past 12 months, the Committee believes it is appropriate that that meeting be included in the count.
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: 2f87c2f7c21c7a40a48460c7dca22af8
informantnumber: A10530
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessvie use of the whip
plea: denied
penaltyrequired: 1
decisiondate: 13/08/2018
hearing_title: Gore HRC 11 August 2018 - R 8 - Chair, Prof G Hall
charge:
facts:
Following the running of Race 8, the HOKONUI RURAL TRANSPORT LTD MOBILE PACE, $8820, R48 TO R55, 2200m, an Information was filed by Stipendiary Steward, Mr Renault, alleging that Ms Barclay, the driver of GRACE BURNS, used her whip on more occasions than is permitted by the Use of the Whip Regulations.
Ms Barclay was advised by the Stewards that she would be charged with a breach of this rule. Mr Renault said she responded, “Do what you like. I’ve had a gutsful. I’m leaving.”
Stipendiary Steward, Mr Quirk helpfully explained that the respondent had 4 horses to get home. Race 8 was the last race on the programme.
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault stated that Ms Barclay had said that she knew she was close to 10 and that was why she had stopped using the whip and had gone to the reins. He said he had also reminded the respondent of her obligations concerning driving the horse out to the finish of the race. Ms Barclay had not looked at the films and refused to view them. She was aware she would be charged under r 869(2).
Ms Barclay was taken to have denied the breach and the Stewards were asked to present the RIU’s case.
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.
Mr Munro, Stipendiary Steward, identified GRACE BURNS on the race films. Mr Renault demonstrated that the respondent used her whip 16 times. There were 4 strikes in the back straight home and then 4 rapid fire strikes on 3 occasions in the home straight. These 12 strikes were interrupted by quite distinct pauses. GRACE BURNS finished in 2nd place.
reasonsfordecision:
The Committee is satisfied there were 16 strikes after the 400 metres.
Decision:
The breach is thus found to be proved.
sumissionsforpenalty:
Mr Renault said Ms Barclay had had 52 drives last season and this was her first drive this season. The respondent had a number of previous breaches of this rule: on 24 November she was suspended for 5 days; on 27 January she was fined $300 and suspended for 2 days; on 21 April she was suspended for 5 days. He submitted the starting point in the JCA Penalty Guide was 3 days. He believed the appropriate penalty was 5 days in view of the number of strikes and the respondent’s bad record.
reasonsforpenalty:
Six months is the reset period under this rule. Ms Barclay has one previous breach of this rule in the last 6 months. This was only her 14th drive since her last suspension. The starting point having regard to the fact that the number of strikes is at the high end of mid-range and Ms Barclay’s record is uplifted from 3 to 5 days. There are no mitigating factors.
There is no Otago/Southland meeting in the next week, therefore the issue of a 7-day deferment does not need to be addressed.
Mr Renault stated that Ms Barclay only drives intermittently at Oamaru and asked that the upcoming meeting at that venue not be included in the number of days, as the penalty had to be a meaningful one. The Committee inquired as to when the respondent last drove at Oamaru. This was stated to be 2 November 2017. As this is within the past 12 months, the Committee believes it is appropriate that that meeting be included in the count.
penalty:
Ms Barclay is suspended from the end of racing today up to and including 22 September 2018. This is 5 Otago/Southland meetings.
hearing_type: Hearing
Rules: 869(2) and use of Whip Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Ms K Barclay - Open Horsewoman
Otherperson: Mr R Quirk - Stipendiary Steward, Mr V Munro - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 31dc68565afb5ff5c4ece5e62a7cf489
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 472722806335fc57357ab9bc44808584
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/08/2018
meet_title: Gore HRC - 11 August 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Gore HRC