Archive Decision

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Akaroa TC 9 December 2018 – R 1 – Chair, Mr G Clapp

ID: JCA13778

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Miss C M Wigg - Advanced Amateur Driver

Other Person:
Mr S Renault - Stipendiary Steward

Information Number:
A10812

Hearing Type:
Hearing

New Charge:
Contravention of Whip Regulations

Rules:
869(2) and use of the whip Regulation (b)

Plea:
admitted

Meet Title:
Akaroa TC - 9 December 2018

Meet Chair:
GClapp

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/12/09

Race Number:
R 1

Decision:

As the charge was admitted, the committee deemed the charge proved.

Penalty:

Miss Wigg is fined $300.

Facts:

Following the running of Race 1 (David Pearce Grazing and Challenge Lincoln, Mobile Pace 2000m) Information A10812 was filed by Stipendiary Steward, Mr Wallis with the Judicial Committee. It alleged a breach of Rule 869 (2) in that “You used your whip on more occasions than permitted inside the final 400 metres. as permitted in Clause (b) of the use of the whip regulations”. Miss Wigg had signed the Information acknowledging that she admitted the breach. She also endorsed the Information indicating that she did not wish to attend the hearing. This was confirmed by Mr Wallis.

Rule 869 (2) States: “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 Regulation clause (b) reads: “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 Wallis used the available films with the assistance of Mr Renault who identified Miss Wigg, QUEEN OF GLORY, racing in the parked position. On the run home Mr Wallis submitted that Miss Wigg had used her whip on 14 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.

Mr Wallis told the committee that Miss Wigg had viewed the film. Initially she did not believe that she had used her whip on 14 occasions. However, Mr Wallis said that when the film was slowed down, Miss Wigg did agree with the 14 strikes. The committee also agreed on 14 strikes.

Submissions for Penalty:

Mr Wallis told the committee that Miss Wigg was a busy, Amateur Driver. She raced in the North Island and South Island. Last season she had 26 drives and has had 8 drives so far this season. He added that Miss Wigg had a clear record for this breach of the Rules in the past 6 months. Mr Wallis told the committee that the JCA penalty guide recommends a fine of $300. He said that that would be what the stewards were seeking. When the number of strikes is 14 – 16 and it is a first offence, it is a $300 fine. Miss Wigg was not present to make any submissions to the contrary.

Reasons for Penalty:

It is clear from the films that Miss Wigg did use her whip 14 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The committee notes Mss Wiggs' early admission, it considers a fine as identified in the Regulation’s sliding scale as appropriate.

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: 6378296b1a1854e3a26bbc6184929f7f


informantnumber: A10812


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 14/12/2018


hearing_title: Akaroa TC 9 December 2018 - R 1 - Chair, Mr G Clapp


charge:


facts:

Following the running of Race 1 (David Pearce Grazing and Challenge Lincoln, Mobile Pace 2000m) Information A10812 was filed by Stipendiary Steward, Mr Wallis with the Judicial Committee. It alleged a breach of Rule 869 (2) in that “You used your whip on more occasions than permitted inside the final 400 metres. as permitted in Clause (b) of the use of the whip regulations”. Miss Wigg had signed the Information acknowledging that she admitted the breach. She also endorsed the Information indicating that she did not wish to attend the hearing. This was confirmed by Mr Wallis.

Rule 869 (2) States: “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 Regulation clause (b) reads: “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 Wallis used the available films with the assistance of Mr Renault who identified Miss Wigg, QUEEN OF GLORY, racing in the parked position. On the run home Mr Wallis submitted that Miss Wigg had used her whip on 14 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.

Mr Wallis told the committee that Miss Wigg had viewed the film. Initially she did not believe that she had used her whip on 14 occasions. However, Mr Wallis said that when the film was slowed down, Miss Wigg did agree with the 14 strikes. The committee also agreed on 14 strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the committee deemed the charge proved.


sumissionsforpenalty:

Mr Wallis told the committee that Miss Wigg was a busy, Amateur Driver. She raced in the North Island and South Island. Last season she had 26 drives and has had 8 drives so far this season. He added that Miss Wigg had a clear record for this breach of the Rules in the past 6 months. Mr Wallis told the committee that the JCA penalty guide recommends a fine of $300. He said that that would be what the stewards were seeking. When the number of strikes is 14 – 16 and it is a first offence, it is a $300 fine. Miss Wigg was not present to make any submissions to the contrary.


reasonsforpenalty:

It is clear from the films that Miss Wigg did use her whip 14 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The committee notes Mss Wiggs' early admission, it considers a fine as identified in the Regulation’s sliding scale as appropriate.


penalty:

Miss Wigg is fined $300.


hearing_type: Hearing


Rules: 869(2) and use of the whip Regulation (b)


Informant: Mr S W Wallis - Stipendiary Steward


JockeysandTrainer: Miss C M Wigg - Advanced Amateur Driver


Otherperson: Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9e766becc6e7f51939f05c72a3e3a805


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cef1e9566329e8b6b16968e36b01bdaa


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/12/2018


meet_title: Akaroa TC - 9 December 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: akaroa-tc


meet_racingtype: harness-racing


meet_chair: GClapp


meet_pm1: RMcKenzie


meet_pm2: none


name: Akaroa TC