Archive Decision

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Banks Peninsula TC 25 November 2018 – R 5 – Chair, Mr D M Jackson

ID: JCA13849

Applicant:
Mr S Mulcay - Stipendiary Steward

Respondent(s):
Ms H Jerard - Junior Driver

Information Number:
A10242

Hearing Type:
Hearing

New Charge:
Contravention of Whip Regulations

Rules:
869(2)(A)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 25 November 2018

Meet Chair:
DJackson

Meet Committee Member 1:
DAnderson

Race Date:
2018/11/25

Race Number:
R 5

Decision:

In light of Ms Jerard’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.

Penalty:

Ms Jerard is fined $200.00.

Facts:

Ms Jerard admits an information laid by Stipendiary Steward, Mr S Mulcay, alleging that during Race 5 of this meeting she used her whip excessively over the concluding stages of the race when driving I’VE ALREADY TOLD YOU.

This is a breach of Rule 869(2), which provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.

The Use of Whip Guidelines (effective 1 November 2017) provides (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.

Ms Jerard countersigned the information admitting the charge and asking that the information be determined in her absence.

Through video evidence Mr Mulcay showed Ms Jerard strike her drive with the whip 13 times during its run down the home straight to the finish. Her drive finished third in the race but was later disqualified for excessive galloping during the early stages.

Submissions for Penalty:

Mr Mulcay submitted that Ms Jerard is a junior driver with a clear record. He submitted that the 13 strikes called for a fine in accordance with the JCA Penalty Guidelines in the amount of $200 and we agree.

Reasons for Penalty:

There are no aggravating or mitigating factors here justifying departure from the Guidelines.

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: 76dc1fa89141244ce8cbcbb6bc024bf6


informantnumber: A10242


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 28/11/2018


hearing_title: Banks Peninsula TC 25 November 2018 - R 5 - Chair, Mr D M Jackson


charge:


facts:

Ms Jerard admits an information laid by Stipendiary Steward, Mr S Mulcay, alleging that during Race 5 of this meeting she used her whip excessively over the concluding stages of the race when driving I’VE ALREADY TOLD YOU.

This is a breach of Rule 869(2), which provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.

The Use of Whip Guidelines (effective 1 November 2017) provides (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.

Ms Jerard countersigned the information admitting the charge and asking that the information be determined in her absence.

Through video evidence Mr Mulcay showed Ms Jerard strike her drive with the whip 13 times during its run down the home straight to the finish. Her drive finished third in the race but was later disqualified for excessive galloping during the early stages.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

In light of Ms Jerard’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.


sumissionsforpenalty:

Mr Mulcay submitted that Ms Jerard is a junior driver with a clear record. He submitted that the 13 strikes called for a fine in accordance with the JCA Penalty Guidelines in the amount of $200 and we agree.


reasonsforpenalty:

There are no aggravating or mitigating factors here justifying departure from the Guidelines.


penalty:

Ms Jerard is fined $200.00.


hearing_type: Hearing


Rules: 869(2)(A)


Informant: Mr S Mulcay - Stipendiary Steward


JockeysandTrainer: Ms H Jerard - Junior Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 6d7b11ad9f71b5c93db01396f184b3a8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 41d1e9ae022acdc96bd064f29055b138


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/11/2018


meet_title: Banks Peninsula TC - 25 November 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: DJackson


meet_pm1: DAnderson


meet_pm2: none


name: Banks Peninsula TC