Timaru HRC 7 January 2020 – R 8 – Chair, Mr R McKenzie
ID: JCA18056
Meet Title:
Timaru HRC - 7 January 2020
Meet Chair:
RMcKenzie
Race Date:
2020/01/07
Race Number:
R8
Decision:
Miss McKay having admitted the breach, the charge was found proved.
Penalty:
Miss McKay is fined the sum of $200.
Facts:
Following the running of Race 8, Laser Electrical Timaru Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Junior Driver, Miss LM McKay, alleging that Miss McKay, as the driver of TALL POPPY in the race, “used her whip on more occasions than is permitted inside the final 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 she confirmed that she was aware of the Rule and the Regulations and that she admitted the breach.
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 Whip Regulations (effective from 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 Williams told the Committee that, prior to pleading to the charge, Miss McKay had received advice from Licensed Open Driver, Mr LD McCormick. She waived assistance from Mr McCormick at the hearing.
Mr Williams showed to the hearing a video replay of the final 400 metres of the race. He pointed out TALL POPPY, driven by Miss McKay, in the lead as the field entered the final straight.
Stewards were alleging that, in the final stages, Miss McKay used her whip 12 times by way of strikes. This was accepted by Miss McKay and the Committee was clearly satisfied, from the video replay, that the alleged count was accurate.
Miss McKay’s only comment was that she was trying to win the race.
Submissions for Penalty:
Mr Williams submitted that the breach was low-end, having regard to the number of strikes. Miss McKay had a clear record under the Rule, he said.
He referred to the sliding scale of penalties under the Use of the Whip Regulation and, in particular, the fine of $200 for a breach involving a number of strikes in the range of 11-13. He submitted that a fine of $200 was appropriate.
Reasons for Penalty:
The Committee is satisfied that Miss McKay has used her whip 12 times in a striking motion in the final 400 metres of the race and, that being the case, the appropriate penalty is a fine of $200 in terms of the Use of the Whip Regulation. There are no relevant aggravating or mitigating factors.
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: e7cbd6056a1eb636c9f63b0a7f2bd1fa
informantnumber: A13151
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 07/01/2020
hearing_title: Timaru HRC 7 January 2020 - R 8 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 8, Laser Electrical Timaru Mobile Pace, an Information was filed by Stipendiary Steward, Mr P Williams, against Licensed Junior Driver, Miss LM McKay, alleging that Miss McKay, as the driver of TALL POPPY in the race, “used her whip on more occasions than is permitted inside the final 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 she confirmed that she was aware of the Rule and the Regulations and that she admitted the breach.
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 Whip Regulations (effective from 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 Williams told the Committee that, prior to pleading to the charge, Miss McKay had received advice from Licensed Open Driver, Mr LD McCormick. She waived assistance from Mr McCormick at the hearing.
Mr Williams showed to the hearing a video replay of the final 400 metres of the race. He pointed out TALL POPPY, driven by Miss McKay, in the lead as the field entered the final straight.
Stewards were alleging that, in the final stages, Miss McKay used her whip 12 times by way of strikes. This was accepted by Miss McKay and the Committee was clearly satisfied, from the video replay, that the alleged count was accurate.
Miss McKay’s only comment was that she was trying to win the race.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Miss McKay having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Williams submitted that the breach was low-end, having regard to the number of strikes. Miss McKay had a clear record under the Rule, he said.
He referred to the sliding scale of penalties under the Use of the Whip Regulation and, in particular, the fine of $200 for a breach involving a number of strikes in the range of 11-13. He submitted that a fine of $200 was appropriate.
reasonsforpenalty:
The Committee is satisfied that Miss McKay has used her whip 12 times in a striking motion in the final 400 metres of the race and, that being the case, the appropriate penalty is a fine of $200 in terms of the Use of the Whip Regulation. There are no relevant aggravating or mitigating factors.
penalty:
Miss McKay is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Miss LM McKay - Licensed Junior Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 919957f1fcc3b4bed0bf73d19abe438e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 49ce9a1953950370429fc94d49254184
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 07/01/2020
meet_title: Timaru HRC - 7 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: timaru-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: none
meet_pm2: none
name: Timaru HRC