Archive Decision

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Ashburton TC 13 November 2014 – R 3

ID: JCA16670

Applicant:
Mr N Ydgren - Stipendiary Steward

Respondent(s):
Miss S Ottley - Licensed Horsewoman

Information Number:
A6172

Hearing Type:
Hearing

New Charge:
869 (2) (a)

Rules:
Excessive usem of the whip

Plea:
admitted

Meet Title:
Ashburton TC - 13 November 2014

Meet Chair:
PKnowles

Meet Committee Member 1:
KHales

Meet Committee Member 2:
GClapp

Race Date:
2014/11/13

Race Number:
R1

Decision:

The video evidence clearly shows that Miss Ottley used her whip approximately 25 times in the home straight, either on the horse or the dustsheet. This is deemed to be excessive under the Rule. The charge is proved. 

Penalty:

The appropriate penalty, taking into account the seriousness of this breach is at the bottom of the scale, is a fine. Miss Ottley is fined $200. 

Facts:

Following the running of Race 3, the Keith & Betty Hood Memorial Pace an information was filed by Stipendiary Steward Mr N Ydgren alleging Miss S Ottley (Tom Bola) breached Rule 869 (2) (a) in that ..Miss S Ottley (Tom Bola) used her whip excessively in the home straight.

Miss Ottley was present at the hearing and admitted the charge.

Rule 869 (2) (a) provides:

No horseman shall during any race

Use his whip in an unnecessary, excessive or improper manner.

Mr Ydgren showed, with the use of the video replays, that Miss Ottley (Tom Bola) was three wide without cover approaching the home straight and challenging for the lead. She was observed to use her whip more than 20 times up until the finish of the race. Mr Ydgren said there was a total of 25 strikes with the whip with the majority of those on the dustsheet. The Stewards deemed that to be excessive use of the whip.

Miss Ottley said she was only striking the dustsheet and not the horse.  

Submissions for Penalty:

Mr Ydgren stated Miss Ottley had no previous breaches of the rule within the past 12 months. She had driven 111 times this season and her use of the whip was at the low end of the scale. The JCA Penalty Guide started at $300 but the stewards were seeking a fine of $200.

Miss Ottley stated her record for this breach of the rule was very good and asked the committee to consider a suspension as opposed to a fine.  

Reasons for Penalty:

The committee took into account Miss Ottley’s excellent record with no previous breach of the rule within the past 12 months, her number of drives this season and also that the majority of strikes with the whip were on the dustsheet.

The committee considered Miss Ottley’s penalty submission for a suspension as opposed to a fine. The committee is of the view a suspension for this breach, with mitigating factors in Miss Ottley’s favour, would seriously impact on a future penalty if a similar breach of the rules was to occur in the next 12 months. Miss Ottley may find herself with a penalty which could be deemed excessive. On that basis the committee declined Miss Ottley’s request.  

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: d27de2040b5de9254ab5bfaacab65209


informantnumber: A6172


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 869 (2) (a)


plea: admitted


penaltyrequired: 1


decisiondate: 12/11/2014


hearing_title: Ashburton TC 13 November 2014 - R 3


charge:


facts:

Following the running of Race 3, the Keith & Betty Hood Memorial Pace an information was filed by Stipendiary Steward Mr N Ydgren alleging Miss S Ottley (Tom Bola) breached Rule 869 (2) (a) in that ..Miss S Ottley (Tom Bola) used her whip excessively in the home straight.

Miss Ottley was present at the hearing and admitted the charge.

Rule 869 (2) (a) provides:

No horseman shall during any race

Use his whip in an unnecessary, excessive or improper manner.

Mr Ydgren showed, with the use of the video replays, that Miss Ottley (Tom Bola) was three wide without cover approaching the home straight and challenging for the lead. She was observed to use her whip more than 20 times up until the finish of the race. Mr Ydgren said there was a total of 25 strikes with the whip with the majority of those on the dustsheet. The Stewards deemed that to be excessive use of the whip.

Miss Ottley said she was only striking the dustsheet and not the horse.  


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The video evidence clearly shows that Miss Ottley used her whip approximately 25 times in the home straight, either on the horse or the dustsheet. This is deemed to be excessive under the Rule. The charge is proved. 


sumissionsforpenalty:

Mr Ydgren stated Miss Ottley had no previous breaches of the rule within the past 12 months. She had driven 111 times this season and her use of the whip was at the low end of the scale. The JCA Penalty Guide started at $300 but the stewards were seeking a fine of $200.

Miss Ottley stated her record for this breach of the rule was very good and asked the committee to consider a suspension as opposed to a fine.  


reasonsforpenalty:

The committee took into account Miss Ottley’s excellent record with no previous breach of the rule within the past 12 months, her number of drives this season and also that the majority of strikes with the whip were on the dustsheet.

The committee considered Miss Ottley’s penalty submission for a suspension as opposed to a fine. The committee is of the view a suspension for this breach, with mitigating factors in Miss Ottley’s favour, would seriously impact on a future penalty if a similar breach of the rules was to occur in the next 12 months. Miss Ottley may find herself with a penalty which could be deemed excessive. On that basis the committee declined Miss Ottley’s request.  


penalty:

The appropriate penalty, taking into account the seriousness of this breach is at the bottom of the scale, is a fine. Miss Ottley is fined $200. 


hearing_type: Hearing


Rules: Excessive usem of the whip


Informant: Mr N Ydgren - Stipendiary Steward


JockeysandTrainer: Miss S Ottley - Licensed Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 30c97c1c540b5ac98f642afbf4591ad8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1e05813116b0a45061619323822c4600


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/11/2014


meet_title: Ashburton TC - 13 November 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: ashburton-tc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: KHales


meet_pm2: GClapp


name: Ashburton TC