Hororata TC 11 February 2018 – R 6 – Chair, Mr R McKenzie
ID: JCA17502
Meet Title:
Hororata TC - 11 February 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
GClapp
Race Date:
2018/02/11
Race Number:
R6
Decision:
Miss McKay having admitted the charge, the charge was found proved.
Penalty:
Miss McKay was fined the sum of $200.
Facts:
Following the running of Race 6, Philip Wareing Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Miss L M McKay, alleging that Miss McKay, as the driver of MAGICAL MATTY in the race, “used her whip in an excessive manner inside the last 400 metres”.
Miss McKay had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and confirmed that she understood the Rule and the charge, and confirmed that she admitted the breach. She confirmed that she had received assistance from Licensed Open Driver, Ms S J Ottley, prior to pleading to the charge.
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 Regulations made by the Board.
The Use of the Whip Regulations (effective 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, Stipendiary Steward, pointed out on video replays MAGICAL MATTY, driven by Miss McKay, racing three places back on the markers passing the 400 metres. In the straight, she took a passing lane run and, from that point, Miss McKay used her whip 13 times. Her actions included a number of “taps” or “pushes” which the Stewards did not deem to be strikes, Mr Renault said. The Committee noted that MAGICAL MATTY finished in 3rd placing.
Miss McKay told the Committee that she agreed with the alleged count of thirteen. She conceded that she had used her whip too many times and needed to “sort out” her whip action.
Submissions for Penalty:
Mr Wadley, Stipendiary Steward, informed the Committee that Miss O’Reilly has had 41 drives in the current season and, last season, had a total of 56 drives. She has no previous breaches of the Rule, which was a good record, Mr Wadley said.
Mr Wadley referred to the Penalty Guide included in the Use of the Whip Regulations and submitted that, in accordance with the sliding scale in the Regulations, a fine of $200 was an appropriate penalty.
The sliding scale was explained by the Committee to Miss McKay. She had no penalty submission to make.
Reasons for Penalty:
In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach, as this breach is, involving a number of strikes in the range of 11-13 is a fine of $200. There were no aggravating factors in this case and no mitigating factors warranting a discount.
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: ea7b047b9e8f33a9419d1f0f865513d0
informantnumber: A10158
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 14/02/2018
hearing_title: Hororata TC 11 February 2018 - R 6 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 6, Philip Wareing Limited Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Junior Driver, Miss L M McKay, alleging that Miss McKay, as the driver of MAGICAL MATTY in the race, “used her whip in an excessive manner inside the last 400 metres”.
Miss McKay had signed the Statement by the Respondent on the information form indicating that she admitted the breach. She was present at the hearing of the information and confirmed that she understood the Rule and the charge, and confirmed that she admitted the breach. She confirmed that she had received assistance from Licensed Open Driver, Ms S J Ottley, prior to pleading to the charge.
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 Regulations made by the Board.
The Use of the Whip Regulations (effective 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, Stipendiary Steward, pointed out on video replays MAGICAL MATTY, driven by Miss McKay, racing three places back on the markers passing the 400 metres. In the straight, she took a passing lane run and, from that point, Miss McKay used her whip 13 times. Her actions included a number of “taps” or “pushes” which the Stewards did not deem to be strikes, Mr Renault said. The Committee noted that MAGICAL MATTY finished in 3rd placing.
Miss McKay told the Committee that she agreed with the alleged count of thirteen. She conceded that she had used her whip too many times and needed to “sort out” her whip action.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss McKay having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Mr Wadley, Stipendiary Steward, informed the Committee that Miss O’Reilly has had 41 drives in the current season and, last season, had a total of 56 drives. She has no previous breaches of the Rule, which was a good record, Mr Wadley said.
Mr Wadley referred to the Penalty Guide included in the Use of the Whip Regulations and submitted that, in accordance with the sliding scale in the Regulations, a fine of $200 was an appropriate penalty.
The sliding scale was explained by the Committee to Miss McKay. She had no penalty submission to make.
reasonsforpenalty:
In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach, as this breach is, involving a number of strikes in the range of 11-13 is a fine of $200. There were no aggravating factors in this case and no mitigating factors warranting a discount.
penalty:
Miss McKay was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: L M McKay, Licensed Junior Driver
Otherperson: Mr Wadley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: f3218252ffe7b75a7eaa0397208d5669
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: d2b92bbf52eee6bdfe4b471ac99c2d6b
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 11/02/2018
meet_title: Hororata TC - 11 February 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: hororata-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: GClapp
meet_pm2: none
name: Hororata TC