Archive Decision

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Oamaru HRC 3 December 2016 – R 6 – Chair, Mr P Knowles

ID: JCA16757

Applicant:
Mr SP Renault - Stipendiary Steward, Mr R Quirk - Stipendiary Steward

Respondent(s):
Miss S Ottley - Licensed Horsewoman

Information Number:
A6260

Hearing Type:
Hearing

New Charge:
Excessive use whip

Rules:
869 (2) (a)

Plea:
admitted

Meet Title:
Oamaru HRC - 3 December 2016

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2016/12/03

Race Number:
R 6

Decision:

After viewing the videos, hearing submissions from both parties and taking into account Miss Ottley’s guilty plea, the charge was upheld.

Penalty:

Miss Ottley is fined $200. This penalty should not be seen as setting a precedent for any future offences under the guidelines.

Facts:

Following the running of race 6 the CHANGEOVER HANDICAP PACE, Stewards charged Miss S Ottley with a breach of rule 869 (2) (a) alleging that “…Miss Ottley used her whip in a manner Stewards deemed to be excessive over the concluding stages.”  when driving out Perissa.

Rule 869 (2) (a) reads:

No horseman shall during any race:-

(a)   use his whip in an unnecessary, excessive or improper manner.

The Following Guidelines Apply To Rule 869 (2) (a)

Stewards deem the “use of the whip” throughout the race as listed below:

·    Free of rein

·    On the horse itself

·    On the sulky or dustsheet

·   Back Handers

Excessive use of the whip simply means “too much” and relates to the number of times/and or the force with which the whip is used. The whip shall not be used more than 10 times in the last 400m of a race otherwise this will be deemed excessive use pursuant to these Guidelines.

Miss Ottley appeared at the hearing and admitted the breach.

Mr Quirk, with the assistance of the videos, showed the position of Miss Ottley over the final 400m and the use of her whip on 12 occasions. Mr Quirk also stated that he had reminded all drivers at Addington (previous evening) about the new whip guidelines that came into effect on December 1st.

Mr Renault stated that Miss Ottley led into the home straight. She used her whip 10 times prior to the final 100m and a further two times inside the final 100m. The Stewards deemed this to be excessive under the guidelines.

Miss Ottley stated she struck the shaft several times and had spaced out strikes with the whip. She wasn’t counting her whip use and was more focused on keeping Perissa’s mind on the job. She said Perissa was lazy at times and the last two strikes with the whip were not hard. Miss Ottley said she had had three drives at Addington the previous evening but could not remember any stewards reminding her of the whip guidelines.

Submissions for Penalty:

Mr Renault said Miss Ottley had 149 drives to date this season and 410 drives last season. She had no charges on her record over the previous 12 months and had one warning for the whip in April this year. The JCA Penalty Guide recommended a starting point of $500 or a 10 days suspension. Miss Ottley had admitted the breach, had an excellent record and the breach was at the lower end of the scale. He sought a fine of $350.

Miss Ottley stated she was on a low wage and a fine of $350 was a lot of money. She had admitted the breach which was at the lower end of the scale and had a good record. 

Reasons for Penalty:

The JCA Penalty Guide recommends a starting point of $500. However, the committee acknowledges that the HRNZ Whip Guidelines have changed significantly (10 strikes with the whip inside the final 400m) but the JCA Penalty Guidelines for this offence have not. We take a starting point of $400 with the view that this is a first offence under the new whip guidelines. There are no aggravating factors. The last two strikes with the whip, under similar circumstances in any race (what any prudent driver would do), were reminders to the horse to keep its mind on the job.  We give credit for Miss Ottley’s guilty plea and her excellent record.

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: dc4cefc10b48df96eeff95151918bd28


informantnumber: A6260


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use whip


plea: admitted


penaltyrequired: 1


decisiondate: 05/12/2016


hearing_title: Oamaru HRC 3 December 2016 - R 6 - Chair, Mr P Knowles


charge:


facts:

Following the running of race 6 the CHANGEOVER HANDICAP PACE, Stewards charged Miss S Ottley with a breach of rule 869 (2) (a) alleging that “…Miss Ottley used her whip in a manner Stewards deemed to be excessive over the concluding stages.”  when driving out Perissa.

Rule 869 (2) (a) reads:

No horseman shall during any race:-

(a)   use his whip in an unnecessary, excessive or improper manner.

The Following Guidelines Apply To Rule 869 (2) (a)

Stewards deem the “use of the whip” throughout the race as listed below:

·    Free of rein

·    On the horse itself

·    On the sulky or dustsheet

·   Back Handers

Excessive use of the whip simply means “too much” and relates to the number of times/and or the force with which the whip is used. The whip shall not be used more than 10 times in the last 400m of a race otherwise this will be deemed excessive use pursuant to these Guidelines.

Miss Ottley appeared at the hearing and admitted the breach.

Mr Quirk, with the assistance of the videos, showed the position of Miss Ottley over the final 400m and the use of her whip on 12 occasions. Mr Quirk also stated that he had reminded all drivers at Addington (previous evening) about the new whip guidelines that came into effect on December 1st.

Mr Renault stated that Miss Ottley led into the home straight. She used her whip 10 times prior to the final 100m and a further two times inside the final 100m. The Stewards deemed this to be excessive under the guidelines.

Miss Ottley stated she struck the shaft several times and had spaced out strikes with the whip. She wasn’t counting her whip use and was more focused on keeping Perissa’s mind on the job. She said Perissa was lazy at times and the last two strikes with the whip were not hard. Miss Ottley said she had had three drives at Addington the previous evening but could not remember any stewards reminding her of the whip guidelines.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

After viewing the videos, hearing submissions from both parties and taking into account Miss Ottley’s guilty plea, the charge was upheld.


sumissionsforpenalty:

Mr Renault said Miss Ottley had 149 drives to date this season and 410 drives last season. She had no charges on her record over the previous 12 months and had one warning for the whip in April this year. The JCA Penalty Guide recommended a starting point of $500 or a 10 days suspension. Miss Ottley had admitted the breach, had an excellent record and the breach was at the lower end of the scale. He sought a fine of $350.

Miss Ottley stated she was on a low wage and a fine of $350 was a lot of money. She had admitted the breach which was at the lower end of the scale and had a good record. 


reasonsforpenalty:

The JCA Penalty Guide recommends a starting point of $500. However, the committee acknowledges that the HRNZ Whip Guidelines have changed significantly (10 strikes with the whip inside the final 400m) but the JCA Penalty Guidelines for this offence have not. We take a starting point of $400 with the view that this is a first offence under the new whip guidelines. There are no aggravating factors. The last two strikes with the whip, under similar circumstances in any race (what any prudent driver would do), were reminders to the horse to keep its mind on the job.  We give credit for Miss Ottley’s guilty plea and her excellent record.


penalty:

Miss Ottley is fined $200. This penalty should not be seen as setting a precedent for any future offences under the guidelines.


hearing_type: Hearing


Rules: 869 (2) (a)


Informant: Mr SP Renault - Stipendiary Steward, Mr R Quirk - Stipendiary Steward


JockeysandTrainer: Miss S Ottley - Licensed Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 325ae39098c693cad861f517379f2ddd


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 7baa39bb24d890193bc8ce6a64419675


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 03/12/2016


meet_title: Oamaru HRC - 3 December 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: oamaru-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Oamaru HRC