Archive Decision

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Waikato BOP H 5 January 2020 – R 1 – Chair, Mr A Godsalve

ID: JCA14072

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Ms S Wigg - Licensed Amateur Horsewoman

Information Number:
A12224

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulation

Rules:
869(2)and Whip Regulation (b)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 5 January 2020

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2020/01/05

Race Number:
R1

Decision:

As Ms Wigg has admitted the breach we find the charge proved.

Penalty:

Accordingly we imposed a fine of $200 on Ms Wigg.

Facts:

Following the running of Race 1, Mr Mulcay submitted an Information in which he alleged that Amateur Horsewoman, Ms S Wigg 'used her whip on more occasions than permitted over the final 400 metres in breach of clause (b) of the Use of The Whip Regulations driving M T POCKETS'.

Ms Wigg was present at the hearing and acknowledged that :

  (a) She understood the relevant Rule and Regulations, and that

  (b) She admitted the breach.

The Use of the Whip Regulations (b) provide that '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'.

Using the films of the race Mr Mulcay identified the horse M T POCKETS as the field entered the final straight. The horse was in 2nd place and was challenging the leader when Ms Wigg began to strike it with her whip in a striking motion. Between that point and the finish Ms Wigg struck the horse 12 times in breach of the Regulations. 

Ms Wigg agreed that she had struck the horse 12 times and had nothing further to add.

The horse eventually finished in 3rd place.

Submissions for Penalty:

Mr Mulcay referred to the JCA Penalty Guide which provides a sliding scale of fines. He added that Ms Wigg had a clear record under these Regulations and that the Guide provided a fine of $200 where the number of strikes in breach of the Regulations were between 11-13.

Ms Wigg had nothing to add.

Reasons for Penalty:

The Committee confirmed that a fine of $200 was appropriate when the respondent strikes a horse between 11-13 times and has no prior breaches of the Regulations. We found no compelling reason to vary that amount.

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: 94b0f47e8f1a2e9d30ef158c2c062666


informantnumber: A12224


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulation


plea: admitted


penaltyrequired: 1


decisiondate: 05/01/2020


hearing_title: Waikato BOP H 5 January 2020 - R 1 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 1, Mr Mulcay submitted an Information in which he alleged that Amateur Horsewoman, Ms S Wigg 'used her whip on more occasions than permitted over the final 400 metres in breach of clause (b) of the Use of The Whip Regulations driving M T POCKETS'.

Ms Wigg was present at the hearing and acknowledged that :

  (a) She understood the relevant Rule and Regulations, and that

  (b) She admitted the breach.

The Use of the Whip Regulations (b) provide that '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'.

Using the films of the race Mr Mulcay identified the horse M T POCKETS as the field entered the final straight. The horse was in 2nd place and was challenging the leader when Ms Wigg began to strike it with her whip in a striking motion. Between that point and the finish Ms Wigg struck the horse 12 times in breach of the Regulations. 

Ms Wigg agreed that she had struck the horse 12 times and had nothing further to add.

The horse eventually finished in 3rd place.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Wigg has admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Mulcay referred to the JCA Penalty Guide which provides a sliding scale of fines. He added that Ms Wigg had a clear record under these Regulations and that the Guide provided a fine of $200 where the number of strikes in breach of the Regulations were between 11-13.

Ms Wigg had nothing to add.


reasonsforpenalty:

The Committee confirmed that a fine of $200 was appropriate when the respondent strikes a horse between 11-13 times and has no prior breaches of the Regulations. We found no compelling reason to vary that amount.


penalty:

Accordingly we imposed a fine of $200 on Ms Wigg.


hearing_type: Hearing


Rules: 869(2)and Whip Regulation (b)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Ms S Wigg - Licensed Amateur Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a244b87c0ed1f4391a12931403a4a781


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: aa416707e920a614578419c71b66e3d1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/01/2020


meet_title: Harness Racing Waikato - 5 January 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato