Marlborough HRC 19 January 2020 – R 9 – Chair, Mr D Anderson
ID: JCA16642
Meet Title:
Marlborough HRC - 19 January 2020
Meet Chair:
DAnderson
Meet Committee Member 1:
TUtikere
Meet Committee Member 2:
LYong
Race Date:
2020/01/19
Race Number:
R 9
Decision:
The charge was found proved.
Penalty:
Accordingly, Miss Tomlinson's licence to drive is suspended from the conclusion of racing today the 19 January up to and including racing on the 26 January 2020.
Meetings encompassed by this suspension are:
24 January at Addington
25 January at Invercargill
26 January at Motukarara.
Facts:
Following the running of Race 9, an Information was filed by Stipendiary Steward Mr Renault alleging a breach of Rule 869(2) by Junior Driver Miss K Tomlinson. The information alleged; you used your whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.
Miss Tomlinson signed the information admitting the breach and stated she understood the Rule.
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 Regulation made by the Board.
The Use of Whip Regulation (effective from 30 November 2017) 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 Renault identified Miss Tomlinson driving (15 MORDECAI), racing wide towards the tail of the field entering the home straight. Mr Renault counted 11 strikes with the whip in the run to the finishing post and this was not disputed by Miss Tomlinson.
Mr Mcllwrick had an issue with one strike saying it had some upward movement and was in conjunction with the rein. The Committee revisited the films and a downward strike was confirmed.
Submissions for Penalty:
Mr Renault stated Miss Tomlinson had a previous breach on 14 November 2019 at Ashburton and was fined $200. He said Miss Tomlinson had driven 76 times since that breach.
He said this breach was Miss Tomlinson’s second within six months, and a suspension as per the guidelines was in order.
Miss Tomlinson said a deferment wasn’t required and would start any suspension immediately.
Mr Mcllwrick stated a combination of a fine and suspension would be more beneficial for a Junior Driver which was noted by the Committee.
Reasons for Penalty:
The JCA Penalty Guide provides a 3 to 5-day suspension for a second or subsequent breach of the rule within 6 months, mitigation inclusive.
The Committee assessed this breach as low range and impose a suspension of 3 days as an appropriate Penalty in this case.
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: cf6032f962c16f20261afb7a9dfb2f46
informantnumber: A13156
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 21/01/2020
hearing_title: Marlborough HRC 19 January 2020 - R 9 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 9, an Information was filed by Stipendiary Steward Mr Renault alleging a breach of Rule 869(2) by Junior Driver Miss K Tomlinson. The information alleged; you used your whip on more occasions than permitted by Clause (b) of the Use of Whip Regulations.
Miss Tomlinson signed the information admitting the breach and stated she understood the Rule.
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 Regulation made by the Board.
The Use of Whip Regulation (effective from 30 November 2017) 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 Renault identified Miss Tomlinson driving (15 MORDECAI), racing wide towards the tail of the field entering the home straight. Mr Renault counted 11 strikes with the whip in the run to the finishing post and this was not disputed by Miss Tomlinson.
Mr Mcllwrick had an issue with one strike saying it had some upward movement and was in conjunction with the rein. The Committee revisited the films and a downward strike was confirmed.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Renault stated Miss Tomlinson had a previous breach on 14 November 2019 at Ashburton and was fined $200. He said Miss Tomlinson had driven 76 times since that breach.
He said this breach was Miss Tomlinson’s second within six months, and a suspension as per the guidelines was in order.
Miss Tomlinson said a deferment wasn’t required and would start any suspension immediately.
Mr Mcllwrick stated a combination of a fine and suspension would be more beneficial for a Junior Driver which was noted by the Committee.
reasonsforpenalty:
The JCA Penalty Guide provides a 3 to 5-day suspension for a second or subsequent breach of the rule within 6 months, mitigation inclusive.
The Committee assessed this breach as low range and impose a suspension of 3 days as an appropriate Penalty in this case.
penalty:
Accordingly, Miss Tomlinson's licence to drive is suspended from the conclusion of racing today the 19 January up to and including racing on the 26 January 2020.
Meetings encompassed by this suspension are:
24 January at Addington
25 January at Invercargill
26 January at Motukarara.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Miss K Tomlinson - Junior Driver
Otherperson: Mr R McIlwrick - Open Driver assisting Miss Tomlinson, Mr P Williams - Stipendiary Steward, Mr R Quirk - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 58f2a3ecee4fb494b0166c85e9264eec
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c6893eb3a129f7bda6ffaf894751e0c9
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 19/01/2020
meet_title: Marlborough HRC - 19 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: marlborough-hrc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: TUtikere
meet_pm2: LYong
name: Marlborough HRC