Methven TC 13 September 2020 – R 11 – Chair, Mr S Ching
ID: JCA14620
Meet Title:
Methven TC - 13 September 2020
Meet Chair:
SChing
Race Date:
2020/09/13
Race Number:
R11
Decision:
As Miss Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Miss Butt is fined the sum of $300.
Facts:
Following the running of Race 11, the Papanui Club Handicap Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Driver, Miss K Butt, alleging a breach of Rule 869(2) in that he 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 Butt had endorsed the Information that the breach was admitted which she confirmed at the hearing. Miss Butt also acknowledged that she understood the provisions of the charge and the rule it was brought under.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Miss Butt, driving THE MAROON MARAUDER, positioned 3 wide and in contention as the field passed the 400m. Inside the 400m Miss Butt drew the whip and used it on 12 occasions prior to the finish line. Mr Renault stated that MAROON MARAUDER got up to win the race by ¾ of a length.
Miss Butt did not dispute the number of strikes.
Submissions for Penalty:
Mr Renault stated that Miss Butt’s driving statistics showed 17 drives so far this season with 191 drives recorded for last season. He added that Miss Butt had a clear record over the previous 6 months, and this offence therefore could be treated was a first breach on the penalty scale. Mr Renault stated that the JCA Penalty Guide provides for a $200 fine on the sliding scale for a first offence breach of this rule for 11 to 13 strikes. He stated that Miss Butt had got up to win the race which he submitted was an aggravating factor to consider. Mr Renault stated that he would leave it up to the Committee to determine the level of uplift.
Miss Butt elected to make no submissions in regard to penalty.
Reasons for Penalty:
The JCA Penalty Guide provides a $200 fine, mitigation inclusive, on the sliding scale for a first offence of this rule where the strikes are 11 to 13. We deemed that there was a strong aggravating factor to consider, being that Miss Butt had got up to win the race. We therefore determined that an uplift was warranted, with this uplift being $100.
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: 9b1671f0882eba9081cb6d1d49a76b34
informantnumber: A13212
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 14/09/2020
hearing_title: Methven TC 13 September 2020 - R 11 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 11, the Papanui Club Handicap Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Driver, Miss K Butt, alleging a breach of Rule 869(2) in that he 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 Butt had endorsed the Information that the breach was admitted which she confirmed at the hearing. Miss Butt also acknowledged that she understood the provisions of the charge and the rule it was brought under.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Miss Butt, driving THE MAROON MARAUDER, positioned 3 wide and in contention as the field passed the 400m. Inside the 400m Miss Butt drew the whip and used it on 12 occasions prior to the finish line. Mr Renault stated that MAROON MARAUDER got up to win the race by ¾ of a length.
Miss Butt did not dispute the number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Butt had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Miss Butt’s driving statistics showed 17 drives so far this season with 191 drives recorded for last season. He added that Miss Butt had a clear record over the previous 6 months, and this offence therefore could be treated was a first breach on the penalty scale. Mr Renault stated that the JCA Penalty Guide provides for a $200 fine on the sliding scale for a first offence breach of this rule for 11 to 13 strikes. He stated that Miss Butt had got up to win the race which he submitted was an aggravating factor to consider. Mr Renault stated that he would leave it up to the Committee to determine the level of uplift.
Miss Butt elected to make no submissions in regard to penalty.
reasonsforpenalty:
The JCA Penalty Guide provides a $200 fine, mitigation inclusive, on the sliding scale for a first offence of this rule where the strikes are 11 to 13. We deemed that there was a strong aggravating factor to consider, being that Miss Butt had got up to win the race. We therefore determined that an uplift was warranted, with this uplift being $100.
penalty:
Accordingly, Miss Butt is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)-Whip Regulation (b)
Informant: S Renault- Stipendiary Steward
JockeysandTrainer: K Butt-Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e1beb5b00bfb6186e7960acdf3e9d673
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b90fb1bd3f999ce1416e2f9900d5a060
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2020
meet_title: Methven TC - 13 September 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: none
meet_pm2: none
name: Methven TC