Archive Decision

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Invercargill HRC 27 January 2018 – R 6 – Chair, Mr V Munro

ID: JCA13277

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mrs K Barclay - Open Horsewoman

Information Number:
A09889

Hearing Type:
Hearing

New Charge:
Use of whip outside regulations

Rules:
869(2)and Whip Regulations

Plea:
admitted

Meet Title:
Invercargill HRC - 27 January 2018

Meet Chair:
VMUnro

Meet Committee Member 1:
PKnowles

Race Date:
2018/01/27

Race Number:
R 6

Decision:

Mrs Barclay admitted the breach and it is found proved.

Penalty:

Mrs Barclay’s horsewomans licence is suspended from the close of racing on Saturday 27th January 2018 up to and including Sunday 4th February 2018.

Mrs Barclay is also fined the sum of $300.

The meetings involved are:
Thursday 1 February – Forbury Park
Sunday 4 February – Wyndham

Facts:

Following the running of Race 6, the Sheet Metalcraft Mobile Pace, an Information was filed by Mr Renault, alleging that Mrs Barclay, the driver of GRACE BURNS, “used her whip outside the regulations over the final 400 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.

Mrs Barclay admitted the breach and signed the information accordingly.

Mr Renault, with the aid of the video replays, stated Mrs Barclay was in the four-wide line as the field passed the final 400m mark. He said from this mark to the finish Mrs Barclay used her whip 14 times. The strikes although numbered 14, were intermittment.

Submissions for Penalty:

Mr Renault stated Mrs Barclay had one prior breach on 24th Novmeber 2017, of the whip rule since the new penalty guidelines were introduced. He said the number of strikes with the whip was (14) and this being a second offence the JCA Penalty Guide, had a starting point of a 3-5 day suspension. Mr Renault suugested a 4 -5 day suspension is sought.

Mrs Barclay advised the Committee that she had signed on to the “teal” campaign for female harness drivers in support of “Ovarian Cancer” which runs from the 1st of February for 6 weeks. She has committed to donating to this from her driving percentages, a campaign that is very close to her heart. Mrs Barclay sought a suspension and a fine so she could partake in this worthwhile cause. She was committed to drive her entire team over this period of time.

Reasons for Penalty:

Mrs Barclay admitted the breach and understood it was her second breach in two months. The Committee carefully considered her submissions alongside those of Mr Renault.
The Committee has decided that “exceptional circumstances” are evident in this matter and in doing so have imposed a smaller suspension, with a fine added in so Mrs Barcaly can drive during some of the time that this worthwhile campaign is in operation.

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: 5b8af8a8bba32a57c1f73469dc7ca18e


informantnumber: A09889


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Use of whip outside regulations


plea: admitted


penaltyrequired: 1


decisiondate: 28/01/2018


hearing_title: Invercargill HRC 27 January 2018 - R 6 - Chair, Mr V Munro


charge:


facts:

Following the running of Race 6, the Sheet Metalcraft Mobile Pace, an Information was filed by Mr Renault, alleging that Mrs Barclay, the driver of GRACE BURNS, “used her whip outside the regulations over the final 400 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.

Mrs Barclay admitted the breach and signed the information accordingly.

Mr Renault, with the aid of the video replays, stated Mrs Barclay was in the four-wide line as the field passed the final 400m mark. He said from this mark to the finish Mrs Barclay used her whip 14 times. The strikes although numbered 14, were intermittment.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mrs Barclay admitted the breach and it is found proved.


sumissionsforpenalty:

Mr Renault stated Mrs Barclay had one prior breach on 24th Novmeber 2017, of the whip rule since the new penalty guidelines were introduced. He said the number of strikes with the whip was (14) and this being a second offence the JCA Penalty Guide, had a starting point of a 3-5 day suspension. Mr Renault suugested a 4 -5 day suspension is sought.

Mrs Barclay advised the Committee that she had signed on to the “teal” campaign for female harness drivers in support of “Ovarian Cancer” which runs from the 1st of February for 6 weeks. She has committed to donating to this from her driving percentages, a campaign that is very close to her heart. Mrs Barclay sought a suspension and a fine so she could partake in this worthwhile cause. She was committed to drive her entire team over this period of time.


reasonsforpenalty:

Mrs Barclay admitted the breach and understood it was her second breach in two months. The Committee carefully considered her submissions alongside those of Mr Renault.
The Committee has decided that “exceptional circumstances” are evident in this matter and in doing so have imposed a smaller suspension, with a fine added in so Mrs Barcaly can drive during some of the time that this worthwhile campaign is in operation.


penalty:

Mrs Barclay’s horsewomans licence is suspended from the close of racing on Saturday 27th January 2018 up to and including Sunday 4th February 2018.

Mrs Barclay is also fined the sum of $300.

The meetings involved are:
Thursday 1 February – Forbury Park
Sunday 4 February – Wyndham


hearing_type: Hearing


Rules: 869(2)and Whip Regulations


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mrs K Barclay - Open Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 4b62780e770bf1dc9aece501a5daaec7


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


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meetid: 4eaef81ff7fc6812177977d26401e676


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meet_noreport: 0


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meetdate: 27/01/2018


meet_title: Invercargill HRC - 27 January 2018


meet_expappcomment:


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tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: VMUnro


meet_pm1: PKnowles


meet_pm2: none


name: Invercargill HRC