Archive Decision

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Invercargill HRC 7 April 2018 – R 3 – Chair, Prof G Hall

ID: JCA16307

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Ms M Parker - Junior Driver

Other Person:
Mr B Orange - Open Horseman assisting Ms Parker

Information Number:
A10443

Hearing Type:
Hearing

New Charge:
Excessive use of the Whip

Rules:
869(2) and Use of Whip Regulations

Plea:
admitted

Meet Title:
Invercargill HRC - 7 April 2018

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2018/04/07

Race Number:
R 3

Decision:

Ms Parker has admitted the breach. We find the breach proved.

Penalty:

We fine Ms Parker the sum of $100 and suspend her for one meeting, that being Winton 14 April. Ms Parker is thus suspended from the end of today’s meeting up to and including 14 April.

Facts:

Following the running of Race 3, the COMMUNITY SERVICE AUTOMATIC REFINISHING JUNIOR DRIVERS MOBILE PACE, an information was filed by Stipendiary Steward, Mr Tidmarsh, alleging that Ms Parker, the driver of THE BULL PEN, “used her whip outside of the regulations".

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 Tidmarsh demonstrated on the race films that the respondent used her whip 12 times in the home straight. THE BULL PEN finished in 2nd place. The 12 strikes included one backhand.

Submissions for Penalty:

Mr Tidmarsh said Ms Parker had only just come back to race driving, having had a break of some six months. Prior to that she had been a busy junior driver. He submitted a fine of $200 was appropriate, as per the JCA Penalty Guide.

Ms Parker asked the Committee to consider imposing a suspension. When questioned by the Committee, she said this was due to her financial circumstances. She explained she was working as a stable-hand and had little income. Mr Orange supported this submission and raised the possibility of a fine together with a suspension.

Mr Tidmarsh said he had some sympathy for Ms Parker’s position in that he was aware some junior drivers found it “quite hard”.

Reasons for Penalty:

The Committee is satisfied that Ms Parker used her whip 12 times inside the final 400 metres.

We traversed the possibility of payment by instalment with Ms Parker but she reiterated she would far prefer to be suspended than be required to pay a fine. She said payment, even by way of instalment, would be very difficult for her.

The next two days are Winton 14 April and Forbury Park 19 April. Mr McIntyre, for whom Ms Parker drives, is not a regular attendee at Forbury Park.

We have regard to Ms Parker’s straitened financial circumstances and, after deliberation, propose to adopt Mr Orange’s submission.

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: d7a65ec1b6a073050778882e8e5744e6


informantnumber: A10443


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 08/04/2018


hearing_title: Invercargill HRC 7 April 2018 - R 3 - Chair, Prof G Hall


charge:


facts:

Following the running of Race 3, the COMMUNITY SERVICE AUTOMATIC REFINISHING JUNIOR DRIVERS MOBILE PACE, an information was filed by Stipendiary Steward, Mr Tidmarsh, alleging that Ms Parker, the driver of THE BULL PEN, “used her whip outside of the regulations".

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 Tidmarsh demonstrated on the race films that the respondent used her whip 12 times in the home straight. THE BULL PEN finished in 2nd place. The 12 strikes included one backhand.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Parker has admitted the breach. We find the breach proved.


sumissionsforpenalty:

Mr Tidmarsh said Ms Parker had only just come back to race driving, having had a break of some six months. Prior to that she had been a busy junior driver. He submitted a fine of $200 was appropriate, as per the JCA Penalty Guide.

Ms Parker asked the Committee to consider imposing a suspension. When questioned by the Committee, she said this was due to her financial circumstances. She explained she was working as a stable-hand and had little income. Mr Orange supported this submission and raised the possibility of a fine together with a suspension.

Mr Tidmarsh said he had some sympathy for Ms Parker’s position in that he was aware some junior drivers found it “quite hard”.


reasonsforpenalty:

The Committee is satisfied that Ms Parker used her whip 12 times inside the final 400 metres.

We traversed the possibility of payment by instalment with Ms Parker but she reiterated she would far prefer to be suspended than be required to pay a fine. She said payment, even by way of instalment, would be very difficult for her.

The next two days are Winton 14 April and Forbury Park 19 April. Mr McIntyre, for whom Ms Parker drives, is not a regular attendee at Forbury Park.

We have regard to Ms Parker’s straitened financial circumstances and, after deliberation, propose to adopt Mr Orange’s submission.


penalty:

We fine Ms Parker the sum of $100 and suspend her for one meeting, that being Winton 14 April. Ms Parker is thus suspended from the end of today’s meeting up to and including 14 April.


hearing_type: Hearing


Rules: 869(2) and Use of Whip Regulations


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Ms M Parker - Junior Driver


Otherperson: Mr B Orange - Open Horseman assisting Ms Parker


PersonPresent:


Respondent:


StipendSteward:


raceid: ee49d55a106adc648a1a6fffa5d7ab4d


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 64cfd08e119d8771fb59d5b4c80d6d4a


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


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meetdate: 07/04/2018


meet_title: Invercargill HRC - 7 April 2018


meet_expappcomment:


meet_km:


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tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Invercargill HRC