Waikato BOP H 27 January 2019 – R 5 – Chair, Mr A Godsalve
ID: JCA16325
Meet Title:
Harness Racing Waikato - 27 January 2019
Meet Chair:
AGodsalve
Meet Committee Member 1:
ADooley
Race Date:
2019/01/27
Race Number:
R5
Decision:
As Ms Donnelly has admitted the breach we find the charge proved.
Penalty:
The Committee imposed a fine of $200 on Ms Donnelly.
We were not aware of any extenuating circumstances which would influence us to consider a suspension in place of a fine as per the JCA Penalty Guide.
Facts:
This charge followed the running of Race 5, the Armstrong Family Memorial Handicap Trot 2600m. Mr Muirhead alleged that Ms Donnelly 'used her whip on more occasions than permitted over the final 400 metres driving THE LAST GAMBLE.'
Ms Donnelly endorsed the Information to the effect that:
(a) She admitted the breach, and
(b) She did not wish to be present at the hearing.
Rule 869(2) states : 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
The Use of the Whip Regulations say 'No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky'.
Using the films Mr Muirhead identified THE LAST GAMBLE as the field entered the final straight. From that point until the finish it was apparent on the film that Ms Donnelly struck the horse 13 times with her whip in contravention of the Rules and Regulations.
Submissions for Penalty:
Mr Muirhead referred to the JCA Penalty Guide which provides for a fine of $200 where the number of strikes is between 11-13 and the Respondent does not have a prior breach within the past 6 months.
Mr Muirhead, on behalf of Ms Donnelly, stated that Ms Donnelly had requested that the Committee consider a suspension instead of a fine for this breach.
Reasons for Penalty:
The Committee confirmed the provisions of the JCA Penalty Guide provide a fine of $200 where the strikes are beyween 11-13 and the Respondent does not have a breach of this Rule within the past 6 months. The Committee saw no reason to vary these Guidelines in this matter.
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: dabc966041bf9b6b84daf983dce491cd
informantnumber: A12205
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 29/01/2019
hearing_title: Waikato BOP H 27 January 2019 - R 5 - Chair, Mr A Godsalve
charge:
facts:
This charge followed the running of Race 5, the Armstrong Family Memorial Handicap Trot 2600m. Mr Muirhead alleged that Ms Donnelly 'used her whip on more occasions than permitted over the final 400 metres driving THE LAST GAMBLE.'
Ms Donnelly endorsed the Information to the effect that:
(a) She admitted the breach, and
(b) She did not wish to be present at the hearing.
Rule 869(2) states : 'No horseman shall during any race use his whip in an unnecessary, excessive or improper manner'.
The Use of the Whip Regulations say 'No horseman is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky'.
Using the films Mr Muirhead identified THE LAST GAMBLE as the field entered the final straight. From that point until the finish it was apparent on the film that Ms Donnelly struck the horse 13 times with her whip in contravention of the Rules and Regulations.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Donnelly has admitted the breach we find the charge proved.
sumissionsforpenalty:
Mr Muirhead referred to the JCA Penalty Guide which provides for a fine of $200 where the number of strikes is between 11-13 and the Respondent does not have a prior breach within the past 6 months.
Mr Muirhead, on behalf of Ms Donnelly, stated that Ms Donnelly had requested that the Committee consider a suspension instead of a fine for this breach.
reasonsforpenalty:
The Committee confirmed the provisions of the JCA Penalty Guide provide a fine of $200 where the strikes are beyween 11-13 and the Respondent does not have a breach of this Rule within the past 6 months. The Committee saw no reason to vary these Guidelines in this matter.
penalty:
The Committee imposed a fine of $200 on Ms Donnelly.
We were not aware of any extenuating circumstances which would influence us to consider a suspension in place of a fine as per the JCA Penalty Guide.
hearing_type: Hearing
Rules: Rule 869(2), Use of Whip Regulations
Informant: Mr J Muirhead - Senior Stipendiary Steward
JockeysandTrainer: Ms A Donnelly-Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5daec3138547d9308042ed8017b70efb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 590bad4543895773568962e71a2010c1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 27/01/2019
meet_title: Harness Racing Waikato - 27 January 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: AGodsalve
meet_pm1: ADooley
meet_pm2: none
name: Harness Racing Waikato