Timaru HRC 12 May 2019 – R 8 – Chair, Mr S Ching
ID: JCA13878
Meet Title:
Timaru HRC - 12 May 2019
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2019/05/12
Race Number:
R8
Decision:
As Miss Stewart had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Miss Stewart is fine the sum of $200.
Facts:
Following the running of Race 8, the Brosnan Transport Lady Drivers Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Junior Horsewoman, Miss A Stewart, alleging a breach of Rule 869(2) in that she used her whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (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.
Whip Regulation (b) reads as follows;
(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.
Miss Stewart had endorsed the information that the breach was admitted. Miss Stewart had also endorsed the Information that she did not wish to be present at the hearing. This was confirmed by Mrs Tibbs.
Mrs Tibbs gave evidence and showed video replays of the run home, with the assistance of Stipendiary Steward, Mr S Wallis. He pointed out Miss Stewart driving FRANCO RIOT, in contention as the field passed the 400m. Mr Wallis then showed Miss Stewart draw the whip and used it in a fore hand, striking motion, on 12 occasions over the concluding stages of the race. Miss Stewart did not dispute the number of strikes, Mrs Tibbs submitted. Mrs Tibbs also stated that Miss Stewart had the assistance of Open Horseman, Mr R Jenkins, during the Stewards investigation of the alleged breach.
Submissions for Penalty:
Mrs Tibbs stated that Miss Stewart had a clear record in regard to this rule and had admitted the breach at the first opportunity. She stated that the JCA Penalty Guide provided, on a sliding scale for a first offence of 11 to 13 strikes, a $200 fine. She submitted that a fine of $200 as per the Penalty Guide sliding scale be imposed as penalty.
Reasons for Penalty:
The JCA Penalty Guide provides on the Sliding Scale for a first offence of 11 to 13 strikes a $200 fine, mitigation inclusive. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a $200 fine as per the Sliding Scale was an appropriate penalty in this case.
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: 7baceb713f4e09b4ae97d2b57b967b4a
informantnumber: A10247
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 13/05/2019
hearing_title: Timaru HRC 12 May 2019 - R 8 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 8, the Brosnan Transport Lady Drivers Mobile Pace, an Information was filed by Stipendiary Steward, Mr S Wallis against Licensed Junior Horsewoman, Miss A Stewart, alleging a breach of Rule 869(2) in that she used her whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.
Rule 869(2) reads as follows:
869 (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.
Whip Regulation (b) reads as follows;
(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.
Miss Stewart had endorsed the information that the breach was admitted. Miss Stewart had also endorsed the Information that she did not wish to be present at the hearing. This was confirmed by Mrs Tibbs.
Mrs Tibbs gave evidence and showed video replays of the run home, with the assistance of Stipendiary Steward, Mr S Wallis. He pointed out Miss Stewart driving FRANCO RIOT, in contention as the field passed the 400m. Mr Wallis then showed Miss Stewart draw the whip and used it in a fore hand, striking motion, on 12 occasions over the concluding stages of the race. Miss Stewart did not dispute the number of strikes, Mrs Tibbs submitted. Mrs Tibbs also stated that Miss Stewart had the assistance of Open Horseman, Mr R Jenkins, during the Stewards investigation of the alleged breach.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Stewart had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mrs Tibbs stated that Miss Stewart had a clear record in regard to this rule and had admitted the breach at the first opportunity. She stated that the JCA Penalty Guide provided, on a sliding scale for a first offence of 11 to 13 strikes, a $200 fine. She submitted that a fine of $200 as per the Penalty Guide sliding scale be imposed as penalty.
reasonsforpenalty:
The JCA Penalty Guide provides on the Sliding Scale for a first offence of 11 to 13 strikes a $200 fine, mitigation inclusive. There were no aggravating factors to consider, therefore no uplift in penalty warranted. We therefore determined that a $200 fine as per the Sliding Scale was an appropriate penalty in this case.
penalty:
Accordingly, Miss Stewart is fine the sum of $200.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: S Wallis- Stipendiary Steward, C Tibbs-Stipendiary Steward
JockeysandTrainer: A Stewart-Licensed Junior Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 77435861c44dd9587bc3416b2fb1abea
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 391db0255e977fd7ccc8fd8e67df1db4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 12/05/2019
meet_title: Timaru HRC - 12 May 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Timaru HRC