NZ Metro TC 3 May 2019 – R 9 – Chair, Mr R McKenzie
ID: JCA15808
Meet Title:
NZ Metro TC - 3 May 2019
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2019/05/03
Race Number:
R9
Decision:
Ms Ottley having admitted the breach, the charge was found proved.
Penalty:
Ms Ottley is suspended from after the close of racing on 5th May 2019 up to and including 11th May 2019 – 3 days. The meetings intended to be encompassed by that period of suspension are Forbury Park TC on 9 May, NZ Metropolitan TC on 10 May and Winton TC on 11 May 2019. In addition, Ms Ottley is fined the sum of $750.00.
Facts:
Following the running of Race 9, PGG Wrightson NZ Yearling Sales 2YO Open (Final) Mobile Pace (Listed), an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Ms S J Ottley, alleging that Ms Ottley, as the driver of ONE CHANGE in the race, “used her whip on more occasions than permitted by the Use of the Whip Regulations”.
Ms Ottley had signed the Statement by the Respondent on the information form indicating that she admitted the breach. Ms Ottley was present at the hearing of the information and she confirmed that the breach was admitted.
Rule 869 provides: -
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.
The Use of the Whip Regulation provides 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.
Mr Renault had Stipendiary Steward, Mrs C M Tibbs, show a video replay of the final stages of the race. ONE CHANGE, driven by Ms Ottley, was racing 3-wide and challenging for the lead as the field entered the final straight. Mr Renault said that the alleged number of strikes was twelve, including two “backhanders”. That count was accepted by Ms Ottley.
Ms Ottley’s whip use was broken up but the number of strikes was simply too many, Mr Renault submitted.
Ms Ottley explained that, at the time, she thought that some of the hits were “more flicks” but that, having viewed the video replay, she accepted that they had to be classed as strikes. She thought that she had “mixed it up well enough”, but accepted that she had exceeded the permitted number of strikes.
Submissions for Penalty:
Ms Ottley has had 545 drives to date this season, so is an “extremely busy driver”, Mr Renault said. Her record is very good. In November 2018, she was charged with using the whip prior to the 400 metres and was fined $200. That was 348 drives ago so her record is reset and is clear, Mr Renault said. The starting point for a breach of the whip in a “major race” is a 3-days suspension, he said. This race was a $175,000 listed race and, on the basis of that and the status of the race, Stewards were recommending a combined penalty of a 4-days suspension and a monetary fine between $500 and $1,000.
Miss Ottley submitted that the Stewards’ submission was high considering that she had only used the whip 12 times, she had not struck the horse hard and it did not look bad. She understood that it was a “bigger race”, but a 4-days suspension would result in a significant loss of income, as she drives at every meeting, she said. She indicated that she would like the Committee to consider a combined penalty as submitted by Mr Renault – perhaps 3 days plus a fine.
The hearing then considered upcoming meetings at which Ms Ottley would be likely to have drives.
Reasons for Penalty:
The Committee notes that the penalties prescribed in the Regulation do not provide for a breach in a “major race” (a race with stakes of $40,000 or more). However, the status of the race and the stake payable are significant aggravating factors to be taken into account in this case, along with the fact that Ms Ottley’s horse won the race by a very narrow margin. The sole mitigating factor relevant to penalty is Ms Ottley’s good record.
The prescribed penalty for a breach involving a number in the strikes in the range of 11-13 (a $200 fine) is totally inappropriate and of little or no assistance to the Committee in determining penalty in a case such as this.
The Committee is able to get some guidance from two recent similar cases from the meeting of NZ Metropolitan TC on 5 April last – Butt and Dickie. Both breaches were in Group 1 races for a stake of $100,000 and the horse, in each case, won the race by a narrow margin. Mr Dickie had a clear record and received a 3-days suspension. Mr Butt’s was his third breach in 6 months and he received a 5-days suspension and a $500 fine.
The Committee takes the view that a substantial penalty is called for to reflect the aggravating factors referred to, in particular the stake payable of $175,000, which is significantly higher than the stake in the two cases referred to. Such penalty needs to involve a term of suspension to reflect the Committee’s disapproval of Ms Ottley’s actions and to serve as a specific and general deterrent.
The Committee fixes the term of suspension at 3 days and, in addition, imposes a fine of $750. This penalty includes a consideration of Ms Ottley’s record.
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: d4928acc9ac40acd44f54207ade864b6
informantnumber: A11376
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 08/05/2019
hearing_title: NZ Metro TC 3 May 2019 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, PGG Wrightson NZ Yearling Sales 2YO Open (Final) Mobile Pace (Listed), an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Ms S J Ottley, alleging that Ms Ottley, as the driver of ONE CHANGE in the race, “used her whip on more occasions than permitted by the Use of the Whip Regulations”.
Ms Ottley had signed the Statement by the Respondent on the information form indicating that she admitted the breach. Ms Ottley was present at the hearing of the information and she confirmed that the breach was admitted.
Rule 869 provides: -
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulation made by the Board.
The Use of the Whip Regulation provides 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.
Mr Renault had Stipendiary Steward, Mrs C M Tibbs, show a video replay of the final stages of the race. ONE CHANGE, driven by Ms Ottley, was racing 3-wide and challenging for the lead as the field entered the final straight. Mr Renault said that the alleged number of strikes was twelve, including two “backhanders”. That count was accepted by Ms Ottley.
Ms Ottley’s whip use was broken up but the number of strikes was simply too many, Mr Renault submitted.
Ms Ottley explained that, at the time, she thought that some of the hits were “more flicks” but that, having viewed the video replay, she accepted that they had to be classed as strikes. She thought that she had “mixed it up well enough”, but accepted that she had exceeded the permitted number of strikes.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Ottley having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Ms Ottley has had 545 drives to date this season, so is an “extremely busy driver”, Mr Renault said. Her record is very good. In November 2018, she was charged with using the whip prior to the 400 metres and was fined $200. That was 348 drives ago so her record is reset and is clear, Mr Renault said. The starting point for a breach of the whip in a “major race” is a 3-days suspension, he said. This race was a $175,000 listed race and, on the basis of that and the status of the race, Stewards were recommending a combined penalty of a 4-days suspension and a monetary fine between $500 and $1,000.
Miss Ottley submitted that the Stewards’ submission was high considering that she had only used the whip 12 times, she had not struck the horse hard and it did not look bad. She understood that it was a “bigger race”, but a 4-days suspension would result in a significant loss of income, as she drives at every meeting, she said. She indicated that she would like the Committee to consider a combined penalty as submitted by Mr Renault – perhaps 3 days plus a fine.
The hearing then considered upcoming meetings at which Ms Ottley would be likely to have drives.
reasonsforpenalty:
The Committee notes that the penalties prescribed in the Regulation do not provide for a breach in a “major race” (a race with stakes of $40,000 or more). However, the status of the race and the stake payable are significant aggravating factors to be taken into account in this case, along with the fact that Ms Ottley’s horse won the race by a very narrow margin. The sole mitigating factor relevant to penalty is Ms Ottley’s good record.
The prescribed penalty for a breach involving a number in the strikes in the range of 11-13 (a $200 fine) is totally inappropriate and of little or no assistance to the Committee in determining penalty in a case such as this.
The Committee is able to get some guidance from two recent similar cases from the meeting of NZ Metropolitan TC on 5 April last – Butt and Dickie. Both breaches were in Group 1 races for a stake of $100,000 and the horse, in each case, won the race by a narrow margin. Mr Dickie had a clear record and received a 3-days suspension. Mr Butt’s was his third breach in 6 months and he received a 5-days suspension and a $500 fine.
The Committee takes the view that a substantial penalty is called for to reflect the aggravating factors referred to, in particular the stake payable of $175,000, which is significantly higher than the stake in the two cases referred to. Such penalty needs to involve a term of suspension to reflect the Committee’s disapproval of Ms Ottley’s actions and to serve as a specific and general deterrent.
The Committee fixes the term of suspension at 3 days and, in addition, imposes a fine of $750. This penalty includes a consideration of Ms Ottley’s record.
penalty:
Ms Ottley is suspended from after the close of racing on 5th May 2019 up to and including 11th May 2019 – 3 days. The meetings intended to be encompassed by that period of suspension are Forbury Park TC on 9 May, NZ Metropolitan TC on 10 May and Winton TC on 11 May 2019. In addition, Ms Ottley is fined the sum of $750.00.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulation
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: S J Ottley, Licensed Open Driver
Otherperson: Mrs C Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: d7a9932b14b163a4fc2d7eeeb0bf8648
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race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
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meetdate: 03/05/2019
meet_title: NZ Metro TC - 3 May 2019
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tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
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name: NZ Metro TC