Archive Decision

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Kapiti Coast HRC 2 February 2020 – R 2 – Chair, Mr T Utikere

ID: JCA15305

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Ms N Chilcott - Licensed Horsewoman

Information Number:
A11702

Hearing Type:
Hearing

New Charge:
Contravention of the Use of the Whip Regulations

Rules:
Rule 869(2) and the Use of Whip Regulations

Plea:
admitted

Meet Title:
Kapiti Coast HRC - 2 February 2020

Meet Chair:
TUtikere

Meet Committee Member 1:
NMoffatt

Race Date:
2020/02/02

Race Number:
R2

Decision:

As the charge was admitted, the Committee proceed on the basis that it is proved.

Penalty:

Ms Chilcott is fined $200.

Facts:

Following the running of Race 2 (THE ANCHORAGE @ WAITARERE BEACH NZ MOBILE PACE 2000m) Information A11702 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Ms Chilcott "...used her whip on more occasions than permitted under Clause (b) of the Use of Whip Regulations inside the final 400m". Ms Chilcott acknowledged that she understood the Rule and Regulations and that she admitted the breach.

Rule 869(2) states: "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."

Using the side-on film Mr Mulcay identified MAC’S TOMADO as the lead horse approaching the 400 metres. Ms Chilcott had then activated the gear and moved to driving with a free hand. Mr Mulcay submitted that she had struck her horse 12 times. Further, he pointed out that unfortunately Ms Chilcott may have been caught out by the 400m straight.

Ms Chilcott said the films were clear in that she struck her horse on 12 occasions. 

Submissions for Penalty:

Mr Mulcay identified that the Respondent had a clear record under the rule. He submitted the breach as one that sat at the low-end.

When invited to make submissions, Mr Chilcott advised the Committee that she had never had a fine for a whip breach before and had nothing further to add. 

Reasons for Penalty:

The side-on film establishes that Ms Chilcott struck her horse 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. The JCA Penalty Guide identifies a starting point for a breach of this nature as a $200 fine. The Committee notes the Respondent's early admission and that this is her first breach of the Rule; it considers a mitigation inclusive fine as identified in the Penalty Guide's sliding scale as appropriate. 

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: 81be2ffabfaf9cf91cda1df2447ab303


informantnumber: A11702


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of the Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 02/02/2020


hearing_title: Kapiti Coast HRC 2 February 2020 - R 2 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 2 (THE ANCHORAGE @ WAITARERE BEACH NZ MOBILE PACE 2000m) Information A11702 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Ms Chilcott "...used her whip on more occasions than permitted under Clause (b) of the Use of Whip Regulations inside the final 400m". Ms Chilcott acknowledged that she understood the Rule and Regulations and that she admitted the breach.

Rule 869(2) states: "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."

Using the side-on film Mr Mulcay identified MAC’S TOMADO as the lead horse approaching the 400 metres. Ms Chilcott had then activated the gear and moved to driving with a free hand. Mr Mulcay submitted that she had struck her horse 12 times. Further, he pointed out that unfortunately Ms Chilcott may have been caught out by the 400m straight.

Ms Chilcott said the films were clear in that she struck her horse on 12 occasions. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the Committee proceed on the basis that it is proved.


sumissionsforpenalty:

Mr Mulcay identified that the Respondent had a clear record under the rule. He submitted the breach as one that sat at the low-end.

When invited to make submissions, Mr Chilcott advised the Committee that she had never had a fine for a whip breach before and had nothing further to add. 


reasonsforpenalty:

The side-on film establishes that Ms Chilcott struck her horse 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. The JCA Penalty Guide identifies a starting point for a breach of this nature as a $200 fine. The Committee notes the Respondent's early admission and that this is her first breach of the Rule; it considers a mitigation inclusive fine as identified in the Penalty Guide's sliding scale as appropriate. 


penalty:

Ms Chilcott is fined $200.


hearing_type: Hearing


Rules: Rule 869(2) and the Use of Whip Regulations


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Ms N Chilcott - Licensed Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: cc293ffe98446cb251cc1482574c9899


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1c508252bab131a3c763a9e1366a3f4f


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/02/2020


meet_title: Kapiti Coast HRC - 2 February 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: kapiti-coast-hrc


meet_racingtype: harness-racing


meet_chair: TUtikere


meet_pm1: NMoffatt


meet_pm2: none


name: Kapiti Coast HRC