Back to decisions search

Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Methven TC 9 December 2012 – R 12

ID: JCA15854

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Ms S Ottley - Junior Driver

Other Person:
Mr N McIntyre - Co-Chief Stipendiary Steward

Information Number:
A5591

Hearing Type:
Hearing

Rules:
Rule 869 (2) No horseman shall during any race:-, (b) use his whip in such a way that it baulks, inconveniences, impedes or strikes another horse or horseman:

Plea:
admitted

Meet Title:
Methven TC - 9 December 2012

Meet Chair:
KHales

Meet Committee Member 1:
JPhelan

Race Date:
2012/12/09

Race Number:
R12

Decision:

As Ms Ottley has admitted the charge, it is therefore deemed to be proved.

Penalty:

Ms Ottley is fined $150.

Charge:

It was alleged that S Ottley used her whip in a manner which baulked "The Falcon Legend" (LF O'Reilly) which broke and checked a number of horses.

Facts:

At the commencement of the hearing, Mr Ydgren advised that Ms Ottley had spoken to Mr RT May, Open Horseman about the charge, and that notwithstanding that Ms Ottley had the right to have a licence holder with her in the hearing that she was content for the hearing to proceed without him being present. Ms Ottley confirmed that to the hearing.
 
Mr Ydgren told us that shortly after the start, Ms Ottley shifted out and used her whip to urge her horse forward. She appeared to use her whip twice, to get her horse to improve. However, one of Ms Ottley's whip actions was outside of the shafts of her sulky, with the path of her whip going perilously close to the head of "The Falcon Legend". The consequence was that "The Falcon Legend" baulked and broke from its gait. In the process, a number of other runners in behind "The Falcon Legend", were inconvenienced. The video coverage of the incident, from the back straight camera and the side on camera was shown to us by Mr Nigel McIntyre, Co-Chief Stipendiary Steward.
 
In response, Ms Ottley advised that the film was clear and that she did not contest the facts. She did however, advise the hearing that her whip did not make contact with "The Falcon Legend", at any time.

Submissions for Penalty:

Mr Ydgren submitted that the starting point for the imposition of penalty was a suspension of 4 drives or a fine of $200. He also said that a horseman was charged with a breach of the same rule at a recent meeting at Banks Peninsula and was fined $200. He did say that the consequences of that horseman's actions were far more serious than the case before us. Ms Ottley had 210 drives in the 2011-2012 season, and so far in the current season, she had had 88 drives. Mr Ydgren submitted that a fine of $150 would be appropriate. He said that she had a clean record.
 
Ms Ottley did not have any submissions to make on the question of penalty, other than to say that she did not wish to be suspended. She said that she had made an innocent mistake in terms of her whip action.

Reasons for Penalty:

Our starting point for the imposition of penalty is a fine of $200. We must then consider the aggravating and mitigating features in reaching our decision on penalty.  The aggravating feature in this case was the consequential effect on a number of runners in behind "The Falcon Legend". This feature provides an uplift on penalty of $50, making the fine $250.  However, the mitigating features are, Ms Ottley's early admission of the breach, her good record, and the fact that it was, as she described it, "an innocent mistake" on her part. Also, we accept that Ms Ottley's whip did not come into contact with "The Falcon Legend".
 
After taking into account the mitigating features, we are able to afford Ms Ottley a discount on penalty, of $100, making the fine $150.

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: dd38c39b92ed1b1783917c4d807e63f4

informantnumber: A5591

horsename:

hearing_racingtype:

startdate: no date provided

newcharge:

plea: admitted

penaltyrequired: 1

decisiondate: 24/11/2012

hearing_title: Methven TC 9 December 2012 - R 12

charge:

It was alleged that S Ottley used her whip in a manner which baulked "The Falcon Legend" (LF O'Reilly) which broke and checked a number of horses.

facts:

At the commencement of the hearing, Mr Ydgren advised that Ms Ottley had spoken to Mr RT May, Open Horseman about the charge, and that notwithstanding that Ms Ottley had the right to have a licence holder with her in the hearing that she was content for the hearing to proceed without him being present. Ms Ottley confirmed that to the hearing.
 
Mr Ydgren told us that shortly after the start, Ms Ottley shifted out and used her whip to urge her horse forward. She appeared to use her whip twice, to get her horse to improve. However, one of Ms Ottley's whip actions was outside of the shafts of her sulky, with the path of her whip going perilously close to the head of "The Falcon Legend". The consequence was that "The Falcon Legend" baulked and broke from its gait. In the process, a number of other runners in behind "The Falcon Legend", were inconvenienced. The video coverage of the incident, from the back straight camera and the side on camera was shown to us by Mr Nigel McIntyre, Co-Chief Stipendiary Steward.
 
In response, Ms Ottley advised that the film was clear and that she did not contest the facts. She did however, advise the hearing that her whip did not make contact with "The Falcon Legend", at any time.

appealdecision:

isappeal:

submissionsfordecision:

reasonsfordecision:

Decision:

As Ms Ottley has admitted the charge, it is therefore deemed to be proved.

sumissionsforpenalty:

Mr Ydgren submitted that the starting point for the imposition of penalty was a suspension of 4 drives or a fine of $200. He also said that a horseman was charged with a breach of the same rule at a recent meeting at Banks Peninsula and was fined $200. He did say that the consequences of that horseman's actions were far more serious than the case before us. Ms Ottley had 210 drives in the 2011-2012 season, and so far in the current season, she had had 88 drives. Mr Ydgren submitted that a fine of $150 would be appropriate. He said that she had a clean record.
 
Ms Ottley did not have any submissions to make on the question of penalty, other than to say that she did not wish to be suspended. She said that she had made an innocent mistake in terms of her whip action.

reasonsforpenalty:

Our starting point for the imposition of penalty is a fine of $200. We must then consider the aggravating and mitigating features in reaching our decision on penalty.  The aggravating feature in this case was the consequential effect on a number of runners in behind "The Falcon Legend". This feature provides an uplift on penalty of $50, making the fine $250.  However, the mitigating features are, Ms Ottley's early admission of the breach, her good record, and the fact that it was, as she described it, "an innocent mistake" on her part. Also, we accept that Ms Ottley's whip did not come into contact with "The Falcon Legend".
 
After taking into account the mitigating features, we are able to afford Ms Ottley a discount on penalty, of $100, making the fine $150.

penalty:

Ms Ottley is fined $150.

hearing_type: Hearing

Rules: Rule 869 (2) No horseman shall during any race:-, (b) use his whip in such a way that it baulks, inconveniences, impedes or strikes another horse or horseman:

Informant: Mr N Ydgren - Stipendiary Steward

JockeysandTrainer: Ms S Ottley - Junior Driver

Otherperson: Mr N McIntyre - Co-Chief Stipendiary Steward

PersonPresent:

Respondent:

StipendSteward:

raceid: 40ac70334c9bfa123b215ddd025f0908

race_expapproval:

racecancelled: 0

race_noreport: 0

race_emailed1: 0

race_emailed2: 0

race_title: R12

submittochair:

race_expappcomment:

race_km:

race_otherexp:

race_chair:

race_pm1:

race_pm2:

meetid: e3fe11fbe65f652f53e466cbd9c6a9f2

meet_expapproval:

meet_noreport: 0

waitingforpublication: 0

meet_emailed1: 0

meet_emailed2: 0

meetdate: 09/12/2012

meet_title: Methven TC - 9 December 2012

meet_expappcomment:

meet_km:

meet_otherexp:

tracklocation: methven-tc

meet_racingtype: harness-racing

meet_chair: KHales

meet_pm1: JPhelan

meet_pm2: none

name: Methven TC