Forbury Park TC 18 July 2019 – R 2 – Chair, Prof G Hall
ID: JCA13917
Meet Title:
Forbury Park TC - 18 July 2019
Meet Chair:
GHall
Race Date:
2019/07/18
Race Number:
R 2
Decision:
As the respondent has admitted the breach it is found to be proved.
Penalty:
Ms Barclay is suspended from the end of racing today up to and including 10 August 2019. This is 3 Otago/ Southland meetings.
Facts:
Following the running of Race 2, the LETTY FERGUSON MOBILE PACE, an information was filed by Stipendiary Steward, Mr Renault, alleging that Ms Barclay, the driver of BETTERTHANBRIE, used her whip on more occasions than is permitted by the Use of the Whip Regulations.
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 BETTERTHANBRIE on the race films. Mr Renault demonstrated that the respondent used her whip 12 times. The 12 strikes were interrupted by some pauses. BETTERTHANBRIE finished in 1st place.
Ms Barclay agreed with the count and said BETTERTHANBRIE was a lazy horse that tended to switch off in her races and she was making sure the mare gave of her best. She said the blinds would come off next time.
Submissions for Penalty:
Mr Renault said Ms Barclay had had 52 drives last season and 111 drives this season. On 30 May she was fined $300. He submitted the starting point in the JCA Penalty Guide was 3 days. He believed the appropriate penalty was 3 to 4 days.
Reasons for Penalty:
The number of strikes is 12, which is low range. Six months is the reset period under this rule. Ms Barclay has one previous breach of this rule in the last 6 months. The starting point having regard to the fact that the number of strikes is low-range is 3 days. There are no aggravating or mitigating factors. A three-day suspension is appropriate.
There is no Otago/ Southland meeting in the next week, therefore the issue of a 7-day deferment does not need to be addressed.
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: 8057666d479c948a0c322331aedbf327
informantnumber: A9828
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 19/07/2019
hearing_title: Forbury Park TC 18 July 2019 - R 2 - Chair, Prof G Hall
charge:
facts:
Following the running of Race 2, the LETTY FERGUSON MOBILE PACE, an information was filed by Stipendiary Steward, Mr Renault, alleging that Ms Barclay, the driver of BETTERTHANBRIE, used her whip on more occasions than is permitted by the Use of the Whip Regulations.
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 BETTERTHANBRIE on the race films. Mr Renault demonstrated that the respondent used her whip 12 times. The 12 strikes were interrupted by some pauses. BETTERTHANBRIE finished in 1st place.
Ms Barclay agreed with the count and said BETTERTHANBRIE was a lazy horse that tended to switch off in her races and she was making sure the mare gave of her best. She said the blinds would come off next time.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the respondent has admitted the breach it is found to be proved.
sumissionsforpenalty:
Mr Renault said Ms Barclay had had 52 drives last season and 111 drives this season. On 30 May she was fined $300. He submitted the starting point in the JCA Penalty Guide was 3 days. He believed the appropriate penalty was 3 to 4 days.
reasonsforpenalty:
The number of strikes is 12, which is low range. Six months is the reset period under this rule. Ms Barclay has one previous breach of this rule in the last 6 months. The starting point having regard to the fact that the number of strikes is low-range is 3 days. There are no aggravating or mitigating factors. A three-day suspension is appropriate.
There is no Otago/ Southland meeting in the next week, therefore the issue of a 7-day deferment does not need to be addressed.
penalty:
Ms Barclay is suspended from the end of racing today up to and including 10 August 2019. This is 3 Otago/ Southland meetings.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Ms K Barclay - Open Horsewoman
Otherperson: Mr V Munro - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 9ef3c667f3f381becc5190c01a5843a5
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 16947fd1c804a9666e63c78718eda7b7
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 18/07/2019
meet_title: Forbury Park TC - 18 July 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Forbury Park TC