Archive Decision

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Forbury Park TC 21 February 2019 – R 7 – Chair, Prof G Hall

ID: JCA18007

Applicant:
Mr V Munro - Stipendiary Steward

Respondent(s):
Ms C Faithful - Junior Driver

Information Number:
A12475

Hearing Type:
Hearing

New Charge:
Contravention of Whip Regulations

Rules:
869(2) whip regulations

Plea:
admitted

Meet Title:
Forbury Park TC - 21 February 2019

Meet Chair:
GHall

Race Date:
2019/02/21

Race Number:
R 7

Decision:

Ms Faithful has admitted the breach, which is found to be proved.

Penalty:

Ms Faithful is fined the sum of $200.

Facts:

An information was filed by Stipendiary Steward, Mr Munro, against Ms Faithful, the driver of TOBY O’GARA in race 7, THE DUNEDIN CITY MOTORS JUNIOR DRIVERS MOBILE PACE alleging that she used her whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations.

Rule 869 provides as follows:

(2) No horse[wo]man 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 provide:

(b) No horse[wo]man 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.

Ms Faithful admitted the breach and did not wish to be present at the hearing. The Stipendiary Stewards also confirmed that she did not wish to be represented by a senior driver when viewing the videos.

Mr Munro demonstrated on the videos that the respondent used her whip 13 times in the home straight. The strikes were continuous for some 150 metres.

Submissions for Penalty:

Mr Munro produced the respondent’s record. This evidenced 176 lifetime drives: 20 this season; and 59 the last. She has had no breaches of this rule. Mr Munro submitted that a penalty of a $200 fine was appropriate.

Reasons for Penalty:

It is agreed that Ms Faithful has used her whip 13 times in the straight. The strikes are continuous. The only respite for the horse was over the last 50 metres when the respondent urged the horse with the reins. Her explanation to the Stewards was that she was overly excited as she trained both the horse she was driving, which finished third, and the winner of the race. The Committee was informed that this was her first training success.

The JCA Penalty Guide provides for a fine of $200 where the number of strikes is 11 to 13 and where the breach is a first breach, as is the case with Ms Faithful. Indeed, Ms Faithful has had no breach of this or any other rule in her relatively brief career.

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: e1330ad2f9f032caf39b31f774fbc813


informantnumber: A12475


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 25/02/2019


hearing_title: Forbury Park TC 21 February 2019 - R 7 - Chair, Prof G Hall


charge:


facts:

An information was filed by Stipendiary Steward, Mr Munro, against Ms Faithful, the driver of TOBY O’GARA in race 7, THE DUNEDIN CITY MOTORS JUNIOR DRIVERS MOBILE PACE alleging that she used her whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations.

Rule 869 provides as follows:

(2) No horse[wo]man 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 provide:

(b) No horse[wo]man 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.

Ms Faithful admitted the breach and did not wish to be present at the hearing. The Stipendiary Stewards also confirmed that she did not wish to be represented by a senior driver when viewing the videos.

Mr Munro demonstrated on the videos that the respondent used her whip 13 times in the home straight. The strikes were continuous for some 150 metres.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Faithful has admitted the breach, which is found to be proved.


sumissionsforpenalty:

Mr Munro produced the respondent’s record. This evidenced 176 lifetime drives: 20 this season; and 59 the last. She has had no breaches of this rule. Mr Munro submitted that a penalty of a $200 fine was appropriate.


reasonsforpenalty:

It is agreed that Ms Faithful has used her whip 13 times in the straight. The strikes are continuous. The only respite for the horse was over the last 50 metres when the respondent urged the horse with the reins. Her explanation to the Stewards was that she was overly excited as she trained both the horse she was driving, which finished third, and the winner of the race. The Committee was informed that this was her first training success.

The JCA Penalty Guide provides for a fine of $200 where the number of strikes is 11 to 13 and where the breach is a first breach, as is the case with Ms Faithful. Indeed, Ms Faithful has had no breach of this or any other rule in her relatively brief career.


penalty:

Ms Faithful is fined the sum of $200.


hearing_type: Hearing


Rules: 869(2) whip regulations


Informant: Mr V Munro - Stipendiary Steward


JockeysandTrainer: Ms C Faithful - Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 7c53d87ef18387b33774cb4d739285d0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


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race_km:


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race_chair:


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race_pm2:


meetid: 61981e1c88c1ae48da7fdfe113a761c3


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 21/02/2019


meet_title: Forbury Park TC - 21 February 2019


meet_expappcomment:


meet_km:


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tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: none


meet_pm2: none


name: Forbury Park TC