Gore HRC 19 May 2018 – R 6 – Chair, Prof G Hall
ID: JCA14949
Meet Title:
Gore HRC - 19 May 2018
Meet Chair:
GHall
Meet Committee Member 1:
PWilliams
Race Date:
2018/05/19
Race Number:
R 6
Decision:
Ms Parker has admitted the breach. We find the breach proved.
Penalty:
We suspend Ms Parker from the end of racing on 26 May up to and including 9 June. This is 3 meetings, these being Forbury Park 31 May, and Invercargill 4 and 9 June.
Facts:
Following the running of Race 6, the ABERNETHY CONTRACTING LTD MOBILE PACE, an Information was filed by Stipendiary Steward, Mr Wallis, alleging that Ms Parker, the driver of THE BULL PEN, exceeded the permitted number of strikes over the final 400 metres.
Ms Parker admitted the breach and was assisted by Mr Orange.
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, demonstrated on the race films that the respondent used her whip 14 times in the home straight. THE BULL PEN finished in 1st place. The 14 strikes were interrupted on two occasions when Ms Parker activated gear.
Submissions for Penalty:
Mr Wallis said Ms Parker was a relatively busy driver considering that she had had six months away from race driving. She had had 99 drives last season and 25 this season prior to today. He submitted the starting point in the JCA penalty guidelines was 3 to 5 days. He believed the appropriate penalty was 4 days in view of the fact there were 14 strikes.
Ms Orange emphasised that the respondent was a junior driver and asked the Committee to impose a 3-day suspension.
Ms Parker requested a 7-day deferment so she could drive at Invercargill on 26 May. Mr Wallis did not object to this.
Reasons for Penalty:
The Committee is satisfied that Ms Parker used her whip 14 times inside the final 400 metres. The breach is one strike above the low range, which is 11 to 13 strikes. Having regard to this fact, that there were two respites, and that Ms Parker is a junior driver and has admitted the breach, we believe a penalty of three days’ suspension is appropriate. We have listened to the respondent’s explanation that she did not believe strikes with the reins counted if the strikes were broken up but do not believe this is a mitigating factor. This particular rule and the accompanying Use of the Whip Regulations have been in effect for some time now and it is Ms Parker’s obligation to acquaint herself with the Rules.
JCA Decision Fields (raw)
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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: 9069b0079dcaf7d4368b3100f9bb2833
informantnumber: A10503
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the wwhip
plea: admitted
penaltyrequired: 1
decisiondate: 21/05/2018
hearing_title: Gore HRC 19 May 2018 - R 6 - Chair, Prof G Hall
charge:
facts:
Following the running of Race 6, the ABERNETHY CONTRACTING LTD MOBILE PACE, an Information was filed by Stipendiary Steward, Mr Wallis, alleging that Ms Parker, the driver of THE BULL PEN, exceeded the permitted number of strikes over the final 400 metres.
Ms Parker admitted the breach and was assisted by Mr Orange.
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, demonstrated on the race films that the respondent used her whip 14 times in the home straight. THE BULL PEN finished in 1st place. The 14 strikes were interrupted on two occasions when Ms Parker activated gear.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Parker has admitted the breach. We find the breach proved.
sumissionsforpenalty:
Mr Wallis said Ms Parker was a relatively busy driver considering that she had had six months away from race driving. She had had 99 drives last season and 25 this season prior to today. He submitted the starting point in the JCA penalty guidelines was 3 to 5 days. He believed the appropriate penalty was 4 days in view of the fact there were 14 strikes.
Ms Orange emphasised that the respondent was a junior driver and asked the Committee to impose a 3-day suspension.
Ms Parker requested a 7-day deferment so she could drive at Invercargill on 26 May. Mr Wallis did not object to this.
reasonsforpenalty:
The Committee is satisfied that Ms Parker used her whip 14 times inside the final 400 metres. The breach is one strike above the low range, which is 11 to 13 strikes. Having regard to this fact, that there were two respites, and that Ms Parker is a junior driver and has admitted the breach, we believe a penalty of three days’ suspension is appropriate. We have listened to the respondent’s explanation that she did not believe strikes with the reins counted if the strikes were broken up but do not believe this is a mitigating factor. This particular rule and the accompanying Use of the Whip Regulations have been in effect for some time now and it is Ms Parker’s obligation to acquaint herself with the Rules.
penalty:
We suspend Ms Parker from the end of racing on 26 May up to and including 9 June. This is 3 meetings, these being Forbury Park 31 May, and Invercargill 4 and 9 June.
hearing_type: Hearing
Rules: 869(2) and Use of Whip Regulations
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Ms M Parker - Junior Driver
Otherperson: Mr B Orange - Open Horseman assisting Ms Parker, Mr V Munro - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 3852e94937f1b095812e91af8ef3bb62
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: cc4595e904dd83ca74d7d1ea9b1efe9b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/05/2018
meet_title: Gore HRC - 19 May 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: gore-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PWilliams
meet_pm2: none
name: Gore HRC