Archive Decision

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Hawera HRC 2 April 2018 – R 10 – Chair, Mr T Utikere

ID: JCA16328

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Ms A Donnelly - Licenced Open Horsewoman

Information Number:
A10560

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2)

Plea:
admitted

Meet Title:
Hawera HRC - 2 April 2018

Meet Chair:
TUtikere

Meet Committee Member 1:
TBird

Race Date:
2018/04/02

Race Number:
R10

Decision:

As the charge was admitted, the Committee deem the charge proved.

Penalty:

Ms Donnelly is fined $300.

Facts:

Following the running of Race 10 (ZODIAC SIGNS, FIBER FRESH & WRIGHTSON MOBILE PACE 2000m) Information A10560 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and alleged that Ms Donnelly breached the Use of Whip Guidelines “when she used her whip on WHALE RIDER excessively inside the final 400m”. Ms Donnelly signed the Information acknowledging that she admitted the breach. She also endorsed the Information indicating that she did not wish to attend the hearing.

Rule 869 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 WHALE RIDER positioned closest to the pegs as the field was passing the 400m. Ms Donnelly had improved to the lead and had used her whip three times whilst holding the rein. She then switched to a freehand action. The stewards submitted that she had used the whip on 15 occasions in a striking action. Mr Mulcay identified that Ms Donnelly had simply lost count.

Submissions for Penalty:

It was identified that Ms Donnelly had a clear record under this rule and the stipendiary stewards submitted a $300 fine, in accordance with a second tier offence on the sliding scale, as appropriate. Ms Donnelly was not present to make any submissions to the contrary.

Reasons for Penalty:

It is clear from the side-on film that Ms Donnelly used her whip 15 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. While the Committee notes the Respondent's early admission and that this is her first breach of the rule, it considers a fine as identified in the Regulation's sliding scale for 14-16 strikes 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: db4a7227bc8f89bd34dff7c5b5827202


informantnumber: A10560


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 03/04/2018


hearing_title: Hawera HRC 2 April 2018 - R 10 - Chair, Mr T Utikere


charge:


facts:

Following the running of Race 10 (ZODIAC SIGNS, FIBER FRESH & WRIGHTSON MOBILE PACE 2000m) Information A10560 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and alleged that Ms Donnelly breached the Use of Whip Guidelines “when she used her whip on WHALE RIDER excessively inside the final 400m”. Ms Donnelly signed the Information acknowledging that she admitted the breach. She also endorsed the Information indicating that she did not wish to attend the hearing.

Rule 869 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 WHALE RIDER positioned closest to the pegs as the field was passing the 400m. Ms Donnelly had improved to the lead and had used her whip three times whilst holding the rein. She then switched to a freehand action. The stewards submitted that she had used the whip on 15 occasions in a striking action. Mr Mulcay identified that Ms Donnelly had simply lost count.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the Committee deem the charge proved.


sumissionsforpenalty:

It was identified that Ms Donnelly had a clear record under this rule and the stipendiary stewards submitted a $300 fine, in accordance with a second tier offence on the sliding scale, as appropriate. Ms Donnelly was not present to make any submissions to the contrary.


reasonsforpenalty:

It is clear from the side-on film that Ms Donnelly used her whip 15 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. While the Committee notes the Respondent's early admission and that this is her first breach of the rule, it considers a fine as identified in the Regulation's sliding scale for 14-16 strikes as appropriate.


penalty:

Ms Donnelly is fined $300.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Ms A Donnelly - Licenced Open Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 5ce0cd7312431c983efa12e8d321325c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: e417683bbbda5b1385e4b98c638319a7


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/04/2018


meet_title: Hawera HRC - 2 April 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: hawera-hrc


meet_racingtype: harness-racing


meet_chair: TUtikere


meet_pm1: TBird


meet_pm2: none


name: Hawera HRC