Waikato-BOP H 8 November 2019 – R1 – Chair, Mr BJ Scott
ID: JCA17257
Meet Title:
Harness Racing Waikato - 8 November 2019
Meet Chair:
BScott
Meet Committee Member 1:
AGodsalve
Race Date:
2019/11/08
Race Number:
R1
Decision:
The breach is admitted and therefore the charge is proved.
Penalty:
This Committee imposes a fine of $200.00 on Ms Northcott.
Facts:
Following the running of the BLACK DOG FURNITURE MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Advanced Amateur Horsewoman Ms M Northcott alleging that Ms Northcott as the driver of HIGH POINT used her whip on more occasions than permitted under clause (b) of the Use of Whip Regulations.
Rule 869(2) provides: No horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.
Clause (b) of the Use of Whip Regulations provides: 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.
Ms Northcott was present at the Hearing and she acknowledged that she understood the Whip Regulations and she confirmed that she admitted the breach.
Mr Mulcay demonstrated the incident by use of the race films and showed where in the home straight Ms Northcott used her whip 12 times.
Ms Northcott agreed with the number of strikes. She said that she got carried away because it has been a while since she won a race.
Submissions for Penalty:
Mr Mulcay said in mitigation that Ms Northcott had admitted the breach and that she had a clear record under this Rule. He submitted that the penalty should be the lowest fine under the Use of Whip Regulations.
Ms Northcott concurred with this.
When asked by the Committee Ms Northcott said she had had 3 drives this season.
Reasons for Penalty:
The Committee reviewed the films and the submissions of the parties. The incident is clearly shown on the race films.
Ms Northcott has admitted the breach but that was inevitable given the very clear film evidence.
The Whip Regulations provide a starting point penalty for 11-13 strikes as a $200.00 fine. The mitigating factors are taken into account in the starting point penalty. There are no reasons for an uplift in penalty and therefore a fine in terms of the Regulations is appropriate.
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: f13ba94f6494b7945e9fc84f78dab0b7
informantnumber: A12215
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 09/11/2019
hearing_title: Waikato-BOP H 8 November 2019 - R1 - Chair, Mr BJ Scott
charge:
facts:
Following the running of the BLACK DOG FURNITURE MOBILE PACE an Information was lodged by Senior Stipendiary Steward Mr S Mulcay against Advanced Amateur Horsewoman Ms M Northcott alleging that Ms Northcott as the driver of HIGH POINT used her whip on more occasions than permitted under clause (b) of the Use of Whip Regulations.
Rule 869(2) provides: No horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.
Clause (b) of the Use of Whip Regulations provides: 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.
Ms Northcott was present at the Hearing and she acknowledged that she understood the Whip Regulations and she confirmed that she admitted the breach.
Mr Mulcay demonstrated the incident by use of the race films and showed where in the home straight Ms Northcott used her whip 12 times.
Ms Northcott agreed with the number of strikes. She said that she got carried away because it has been a while since she won a race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
The breach is admitted and therefore the charge is proved.
sumissionsforpenalty:
Mr Mulcay said in mitigation that Ms Northcott had admitted the breach and that she had a clear record under this Rule. He submitted that the penalty should be the lowest fine under the Use of Whip Regulations.
Ms Northcott concurred with this.
When asked by the Committee Ms Northcott said she had had 3 drives this season.
reasonsforpenalty:
The Committee reviewed the films and the submissions of the parties. The incident is clearly shown on the race films.
Ms Northcott has admitted the breach but that was inevitable given the very clear film evidence.
The Whip Regulations provide a starting point penalty for 11-13 strikes as a $200.00 fine. The mitigating factors are taken into account in the starting point penalty. There are no reasons for an uplift in penalty and therefore a fine in terms of the Regulations is appropriate.
penalty:
This Committee imposes a fine of $200.00 on Ms Northcott.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Ms M Northcott - Advanced Amateur Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 72e5e4252b13fd51cad1d3302964bcfb
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 772259e8d5b6ce7d52c66ef973a0f8fc
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/11/2019
meet_title: Harness Racing Waikato - 8 November 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: BScott
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato