Archive Decision

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Whakatane RC 7 April 2011 – R 4

ID: JCA13120

Applicant:
Mr J Oatham - Stipendiary Steward

Respondent(s):
Miss S Spratt

Other Person:
Mr M Williamson - Stipendiary Steward

Information Number:
445

Hearing Type:
Hearing

Rules:
638(3)(b)

Plea:
admitted

Code:
Thoroughbred

Meet Title:
Whakatane RC - 7 April 2011

Meet Chair:
RSeabrook

Meet Committee Member 1:
BTims

Race Date:
2011/04/07

Race Number:
R 4

Decision:

As the breach was admitted we find the charge proved.

Penalty:

Accordingly after taking all the above factors into account under the provisions of Rule 1106(2)(B) we impose a suspension on Miss Spratt from riding in races which is to start after racing on 10 April 2011 and conclude after racing on 15 April 2011 (2 days). In addition we impose a fine of $350.

Charge:

Excessive use of the whip.

Facts:

Following Race 4 an Information was filed pursuant to Rule 638(3)(b). The informant Mr J Oatham alleged that Miss Spratt, rider of KAPLAND used her whip excessively.

Submissions for Decision:

Mr Williamson demonstrated the video films which clearly showed Miss Spratt striking her horse approximately 13 times between the 400 and 200 metres marks. He submitted that Miss Spratt failed to give her mount the necessary respite of 6 strides, as set in the guidelines.

Miss Spratt said she really did not have any excuses other than that her mount was going forward and responding to the whip.

Submissions for Penalty:

Mr Oatham submitted that this was Miss Spratt’s 4th whip charge in the last 12 months. He said that this was not a good record and it could easily be perceived she was gaining an advantage by breaching the whip guidelines . Mr Oatham submitted a suspension would therefore be appropriate in this case.

Miss Spratt submitted a suspension of 2-3 days would more than sufficient, and she only had commitments until Counties on 10 April 2011.

Reasons for Penalty:

The committee carefully considered all submissions and evidence as presented. The only mitigating factor is Miss Spratt’s admission of the breach. The aggravating factor is that this is Miss Spratt’s 4th whip charge in the last 12 months and in fact was fined $400 for a very similar offence less than a week ago.

For these reasons the committee determines a suspension is appropriate. Normally we believe a 3 day suspension should be imposed. However because the 3rd day is a premier day at Ellerslie, we consider the offence does not warrant Miss Spratt missing engagements on that day.

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: 45b90f57d0cf74b71867682081e577c3


informantnumber: 445


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Whakatane RC 7 April 2011 - R 4


charge:

Excessive use of the whip.


facts:

Following Race 4 an Information was filed pursuant to Rule 638(3)(b). The informant Mr J Oatham alleged that Miss Spratt, rider of KAPLAND used her whip excessively.


appealdecision:


isappeal:


submissionsfordecision:

Mr Williamson demonstrated the video films which clearly showed Miss Spratt striking her horse approximately 13 times between the 400 and 200 metres marks. He submitted that Miss Spratt failed to give her mount the necessary respite of 6 strides, as set in the guidelines.

Miss Spratt said she really did not have any excuses other than that her mount was going forward and responding to the whip.


reasonsfordecision:


Decision:

As the breach was admitted we find the charge proved.


sumissionsforpenalty:

Mr Oatham submitted that this was Miss Spratt’s 4th whip charge in the last 12 months. He said that this was not a good record and it could easily be perceived she was gaining an advantage by breaching the whip guidelines . Mr Oatham submitted a suspension would therefore be appropriate in this case.

Miss Spratt submitted a suspension of 2-3 days would more than sufficient, and she only had commitments until Counties on 10 April 2011.


reasonsforpenalty:

The committee carefully considered all submissions and evidence as presented. The only mitigating factor is Miss Spratt’s admission of the breach. The aggravating factor is that this is Miss Spratt’s 4th whip charge in the last 12 months and in fact was fined $400 for a very similar offence less than a week ago.

For these reasons the committee determines a suspension is appropriate. Normally we believe a 3 day suspension should be imposed. However because the 3rd day is a premier day at Ellerslie, we consider the offence does not warrant Miss Spratt missing engagements on that day.


penalty:

Accordingly after taking all the above factors into account under the provisions of Rule 1106(2)(B) we impose a suspension on Miss Spratt from riding in races which is to start after racing on 10 April 2011 and conclude after racing on 15 April 2011 (2 days). In addition we impose a fine of $350.


hearing_type: Hearing


Rules: 638(3)(b)


Informant: Mr J Oatham - Stipendiary Steward


JockeysandTrainer: Miss S Spratt


Otherperson: Mr M Williamson - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 16c097bb3d960e489b9211191020379e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: a94f87d241a737668804f5bd089e0140


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 07/04/2011


meet_title: Whakatane RC - 7 April 2011


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: whakatane-rc


meet_racingtype: thoroughbred-racing


meet_chair: RSeabrook


meet_pm1: BTims


meet_pm2: none


name: Whakatane RC