NZ Metropolitan TC 21 May 2021 – R 8 – Chair, Mr D Anderson
ID: JCA14635
Meet Title:
NZ Metro TC - 21 May 2021
Meet Chair:
DAnderson
Meet Committee Member 1:
SChing
Race Date:
2021/05/21
Race Number:
R 8
Decision:
As Ms Ottley admitted the breach the charge was found proved.
Penalty:
Accordingly, Ms Ottley’s Open Driver’s licence is suspended from the close of racing on the 23 May 2021 up to and including racing on the 5 June 2021.
Facts:
Following the running of Race 8, The Breeders NZ Pacing Oaks, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 869(2) by Open Driver, Ms S Ottley. The information alleged; ”S Ottley used her whip with more than a wrist flicking motion in the home straight”.
Ms Ottley signed the Information admitting the breach and stated she was conversant with the Rule.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
(3.4.1) If the whip is applied other than as permitted in clause 3.1.
Mr Ydgren used the race video to identify Ms Ottley driving (8) LA ROSA, racing in the lead entering the home straight. Mr Ydgren pointed to Ms Ottley striking her horse on several occasions prior to the 200 metres, using more than a wrist flicking motion. He said Ms Ottley has engaged her elbow and shoulder on these occasions and was therefore in breach of the Rule.
Ms Ottley stated she had her hands held too high and this accentuated her whip action.
Submissions for Penalty:
Mr Ydgren said the Stewards viewed this breach at mid-range of the Regulations. He said the Penalty Guidelines for a breach in this range and at Group One level, which this is, is a seven-day suspension. He said Ms Ottley has a good record in relation to the Rule, her previous breach was 6 months and 383 drives ago.
Ms Ottley said a suspension of this level was harsh for a Driver like herself who drives everywhere. Ms Ottley asked that any suspension be started as soon as possible.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a seven-day suspension for Group 1 races.
The Committee has assessed this breach at a mid to low level.
Ms Ottley offended for a short period as the field entered the straight and the Committee agree having her hands held high was a flaw in Ms Ottley’s technique which highlighted the breach, rather than an animal welfare issue.
The Penalty Guide is exactly that, a guide, and this Committee is obligated to consider all matters and circumstances before coming to a balanced penalty.
Ms Ottley is one of the busiest Drivers in the country and in this case the Committee considers a 7-day suspension would be a disproportionate penalty.
The Committee in considering these factors find a 6-day suspension appropriate 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: 9e1986b6e8dbc0998340854120ac2b5d
informantnumber: A13319
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of the Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 23/05/2021
hearing_title: NZ Metropolitan TC 21 May 2021 - R 8 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 8, The Breeders NZ Pacing Oaks, an Information was filed by Chief Stipendiary Steward, Mr N Ydgren alleging a breach of Rule 869(2) by Open Driver, Ms S Ottley. The information alleged; ”S Ottley used her whip with more than a wrist flicking motion in the home straight”.
Ms Ottley signed the Information admitting the breach and stated she was conversant with the Rule.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
(3.4.1) If the whip is applied other than as permitted in clause 3.1.
Mr Ydgren used the race video to identify Ms Ottley driving (8) LA ROSA, racing in the lead entering the home straight. Mr Ydgren pointed to Ms Ottley striking her horse on several occasions prior to the 200 metres, using more than a wrist flicking motion. He said Ms Ottley has engaged her elbow and shoulder on these occasions and was therefore in breach of the Rule.
Ms Ottley stated she had her hands held too high and this accentuated her whip action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Ottley admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Ydgren said the Stewards viewed this breach at mid-range of the Regulations. He said the Penalty Guidelines for a breach in this range and at Group One level, which this is, is a seven-day suspension. He said Ms Ottley has a good record in relation to the Rule, her previous breach was 6 months and 383 drives ago.
Ms Ottley said a suspension of this level was harsh for a Driver like herself who drives everywhere. Ms Ottley asked that any suspension be started as soon as possible.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a seven-day suspension for Group 1 races.
The Committee has assessed this breach at a mid to low level.
Ms Ottley offended for a short period as the field entered the straight and the Committee agree having her hands held high was a flaw in Ms Ottley’s technique which highlighted the breach, rather than an animal welfare issue.
The Penalty Guide is exactly that, a guide, and this Committee is obligated to consider all matters and circumstances before coming to a balanced penalty.
Ms Ottley is one of the busiest Drivers in the country and in this case the Committee considers a 7-day suspension would be a disproportionate penalty.
The Committee in considering these factors find a 6-day suspension appropriate in this case.
penalty:
Accordingly, Ms Ottley’s Open Driver’s licence is suspended from the close of racing on the 23 May 2021 up to and including racing on the 5 June 2021.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr N Ydgren - Chief Stipendiary Steward
JockeysandTrainer: Ms S Ottley - Open Driver
Otherperson: Mr N McIntyre - General Manager of Stewards, Mr S Renault - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 4880c7e1c6161039b57c55e575f87f4f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 684a3e729a676ea038e624e891d8c99c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 1
meet_emailed1: 0
meet_emailed2: 0
meetdate: 21/05/2021
meet_title: NZ Metro TC - 21 May 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: SChing
meet_pm2: none
name: NZ Metro TC