Invercargill HRC 30 January 2021 – R 2 – Chair, Mr N Skelt
ID: JCA17905
Meet Title:
Invercargill HRC - 30 January 2021
Meet Chair:
NSkelt
Race Date:
2021/01/30
Race Number:
R 2
Decision:
As Mrs Barclay had admitted the breach, the charge was found proved in accordance with Rule 1111(1).
Penalty:
Mrs Barclay was fined the sum of $200.
Facts:
Following the running of Race 2, Beach Road Holiday Park Mobile Pace an Information was filed by Stipendiary Steward Mr V Munro against Driver Mrs K Barclay alleging Mrs Barclay has used her whip free of the rein in the run home.
Rule: 869 (2) reads as follows:
869 (2) No driver shall during any race use a whip in a manner in contravention of the use of the Whip Regulations made by the Board.
Relevant Part of the Whip & Rein Regulations as follows:
Whip and Rein Regulations
Part 3 Use of the Whip-Relevant Section 3.1 as follows:
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
Mrs Barclay had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Mrs Barclay confirmed she understood the charge and the Rule it was brought under.
Stipendiary Steward Miss Haley demonstrated on the video clip Mrs Barclay (Tommy Waterhouse) using her whip in more than a flicking motion, free of her rein in the run home.
Mrs Barclay agreed with Miss Haley’s summary.
Submissions for Penalty:
Mr Munro stated that Mrs Barclay had 3495 lifetime drives, 173 last season and 129 this season. Mrs Barclay received a warning at the Winton Harness meeting on 31/12/2020, under this Rule, and has since had 22 drives.
Mr Munro believed the breach was at the low end of the scale. Mrs Barclay had admitted the breach and a fine of $200 be considered.
Mrs Barclay stated that level of fine was fair.
The JCA Penalty Guide and New Whip and Rein Regulations at the low level provides a range of penalty for a first offence between $200 - $400.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $200 - $400 fine, mitigation inclusive, for a first offence low level breach. The Committee determined that this breach was low level and taking all factors into consideration determined that an appropriate penalty in this case is a fine of $200.
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: fd2e6910ad854084b67dc0049a0251b8
informantnumber: A10659
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Whip/Rein Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 01/02/2021
hearing_title: Invercargill HRC 30 January 2021 - R 2 - Chair, Mr N Skelt
charge:
facts:
Following the running of Race 2, Beach Road Holiday Park Mobile Pace an Information was filed by Stipendiary Steward Mr V Munro against Driver Mrs K Barclay alleging Mrs Barclay has used her whip free of the rein in the run home.
Rule: 869 (2) reads as follows:
869 (2) No driver shall during any race use a whip in a manner in contravention of the use of the Whip Regulations made by the Board.
Relevant Part of the Whip & Rein Regulations as follows:
Whip and Rein Regulations
Part 3 Use of the Whip-Relevant Section 3.1 as follows:
3.1 A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
Mrs Barclay had indicated on the Information that this breach of the Rules was admitted, which she confirmed at the hearing. Mrs Barclay confirmed she understood the charge and the Rule it was brought under.
Stipendiary Steward Miss Haley demonstrated on the video clip Mrs Barclay (Tommy Waterhouse) using her whip in more than a flicking motion, free of her rein in the run home.
Mrs Barclay agreed with Miss Haley’s summary.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mrs Barclay had admitted the breach, the charge was found proved in accordance with Rule 1111(1).
sumissionsforpenalty:
Mr Munro stated that Mrs Barclay had 3495 lifetime drives, 173 last season and 129 this season. Mrs Barclay received a warning at the Winton Harness meeting on 31/12/2020, under this Rule, and has since had 22 drives.
Mr Munro believed the breach was at the low end of the scale. Mrs Barclay had admitted the breach and a fine of $200 be considered.
Mrs Barclay stated that level of fine was fair.
The JCA Penalty Guide and New Whip and Rein Regulations at the low level provides a range of penalty for a first offence between $200 - $400.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a $200 - $400 fine, mitigation inclusive, for a first offence low level breach. The Committee determined that this breach was low level and taking all factors into consideration determined that an appropriate penalty in this case is a fine of $200.
penalty:
Mrs Barclay was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mrs K Barclay - Driver of TOMMY WATERHOUSE
Otherperson: Miss R Haley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 8fb49e3bf948b147898e313d8b1cdb7d
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: fcd86662f0d1dc31bf6ef7eaa3101d9a
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/01/2021
meet_title: Invercargill HRC - 30 January 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: NSkelt
meet_pm1: none
meet_pm2: none
name: Invercargill HRC