Methven TC 16 September 2018 – R 9 – Chair, Mr R McKenzie
ID: JCA17732
Meet Title:
Methven TC - 16 September 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2018/09/16
Race Number:
R9
Decision:
Ms Hodgson having admitted the charge, the charge was found proved.
Penalty:
Ms Hodgson is fined the sum of $200.
Facts:
Following the running of Race 9, Kaiapoi Club Handicap Trot, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Graduation Driver, Ms KJ Hodgson, alleging that, as the driver of DIANA HARBOUR in the race, she “used her whip on more occasions than permitted in Clause (b) of the Whip Regulations”.
Ms Hodgson had signed the Statement by the Respondent on the information form indicating that she admitted the breach and, further, that she did not wish to be present at the hearing of the information. This was confirmed by Mr Renault.
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 from 1 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more that 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 showed a video replay of the final 400-500 metres of the race and pointed out DIANA HARBOUR, driven by Ms Hodgson, racing five places back on the markers as the field neared the home turn. Shortly after turning for home, Ms Hodgson, with the whip in her left hand, gave her horse a “couple of taps”, which the Stewards did not include in the final count, Mr Renault said. She then commenced using the whip in a striking motion on a further 13 occasions to the finishing line. Ms Hodgson accepted the allegation of 13 strikes, Mr Renault said.
Submissions for Penalty:
Before today’s meeting, Ms Hodgson has had six lifetime drives, five of which were last season – her first season as a licensed driver. She is very inexperienced, Mr Renault said. This was the first time that Ms Hodgson had finished near the money (6th) in any of her drives so she probably became a little excited, Mr Renault said.
Mr Renault submitted for a fine of $200 in terms of the sliding scale in the Regulations for 11-13 strikes.
Reasons for Penalty:
The Committee was satisfied that Ms Hodgson had used her whip in a striking motion on 13 occasions inside the final 400 metres of the race and noted that she had acknowledged that count. Mr Renault correctly submitted that the Use of the Whip Regulations prescribes a fine of $200 for 13 strikes by a first offender, as Ms Hodgson is deemed to be, having a clear record in her previous six drives.
There are no exceptional factors, either aggravating or mitigating, to be taken into account by the Committee and, accordingly, we are satisfied that the fine of $200 as per the Regulations is the appropriate penalty in this instance.
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: e6053e02fffd08f2cb789ec24110e427
informantnumber: A10860
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 18/09/2018
hearing_title: Methven TC 16 September 2018 - R 9 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 9, Kaiapoi Club Handicap Trot, an Information was filed by Stipendiary Steward, Mr SP Renault, against Licensed Graduation Driver, Ms KJ Hodgson, alleging that, as the driver of DIANA HARBOUR in the race, she “used her whip on more occasions than permitted in Clause (b) of the Whip Regulations”.
Ms Hodgson had signed the Statement by the Respondent on the information form indicating that she admitted the breach and, further, that she did not wish to be present at the hearing of the information. This was confirmed by Mr Renault.
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 from 1 November 2017) provide:
(b) No horseman is permitted to use their whip in a striking motion on more that 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 showed a video replay of the final 400-500 metres of the race and pointed out DIANA HARBOUR, driven by Ms Hodgson, racing five places back on the markers as the field neared the home turn. Shortly after turning for home, Ms Hodgson, with the whip in her left hand, gave her horse a “couple of taps”, which the Stewards did not include in the final count, Mr Renault said. She then commenced using the whip in a striking motion on a further 13 occasions to the finishing line. Ms Hodgson accepted the allegation of 13 strikes, Mr Renault said.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Hodgson having admitted the charge, the charge was found proved.
sumissionsforpenalty:
Before today’s meeting, Ms Hodgson has had six lifetime drives, five of which were last season – her first season as a licensed driver. She is very inexperienced, Mr Renault said. This was the first time that Ms Hodgson had finished near the money (6th) in any of her drives so she probably became a little excited, Mr Renault said.
Mr Renault submitted for a fine of $200 in terms of the sliding scale in the Regulations for 11-13 strikes.
reasonsforpenalty:
The Committee was satisfied that Ms Hodgson had used her whip in a striking motion on 13 occasions inside the final 400 metres of the race and noted that she had acknowledged that count. Mr Renault correctly submitted that the Use of the Whip Regulations prescribes a fine of $200 for 13 strikes by a first offender, as Ms Hodgson is deemed to be, having a clear record in her previous six drives.
There are no exceptional factors, either aggravating or mitigating, to be taken into account by the Committee and, accordingly, we are satisfied that the fine of $200 as per the Regulations is the appropriate penalty in this instance.
penalty:
Ms Hodgson is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Stipendiary Steward
JockeysandTrainer: Ms KJ Hodgson - Licensed Graduation Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 2ff000d8307afacf29abf49c1c6f25a4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b4b0ecafbf7f9f7e816a110623368d3b
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/09/2018
meet_title: Methven TC - 16 September 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
meet_pm2: none
name: Methven TC