Banks Peninsula TC 26 January 2020 – R 2 – Chair, Mr R McKenzie
ID: JCA13442
Meet Title:
Banks Peninsula TC - 26 January 2020
Meet Chair:
RMcKenzie
Meet Committee Member 1:
DAnderson
Race Date:
2020/01/26
Race Number:
R2
Decision:
Ms Ottley having admitted the charge, the charge is found proved.
Penalty:
Ms Ottley is fined the sum of $200.
Facts:
Following the running of Race 2, Armitage Williams Construction Pace, an information was filed by Stipendiary Steward, Ms C M Tibbs, against Licensed Open Driver, Ms S J Ottley, alleging that Ms Ottley, as the driver of MAKASAR BOY in the race, “used her whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations ”.
Ms Ottley had signed the Statement by the Respondent on the information form indicating that she admitted the charge. She confirmed this at the hearing, at which she was present.
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.
Ms Tibbs pointed out, on a video replay, MAKASAR BOY driven by Ms Ottley improving wide to challenge passing the 400 metres. From that point, Ms Tibbs alleged, Ms Ottley had used her whip in a striking motion 11 times to the finishing line.
Ms Ottley accepted the alleged count of 11, and the Committee was satisfied with that count based on its own observation of the video replay.
The Committee noted that MAKASAR BOY finished in 2nd placing.
Submissions for Penalty:
Ms Tibbs told the Committee that Ms Ottley has a clear record under the rule. She has had 353 drives this season and, since her most recent breach of the rule, 466 drives. She referred to the sliding scale of penalties under the Use of the Whip Regulations. The prescribed penalty for a breach involving a number of strikes in the range of 11-13 strikes is $200 and she submitted that that was the appropriate penalty in this instance.
Reasons for Penalty:
The Committee being satisfied that Ms Ottley had used her whip 11 times in the final 400 metres in breach of the rule and the regulations, the penalty prescribed under the regulations is a fine of $200. There are no aggravating or mitigating factors to warrant a departure from the prescribed fine of $200. However, we record that, the number of strikes was in the low-range, those strikes were by no means forceful (the last two were backhanders) and this was not a serious breach of the rule and regulations.
JCA Decision Fields (raw)
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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: 37e25d6f1648e661e29d8b4a9eead118
informantnumber: A11240
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 31/01/2020
hearing_title: Banks Peninsula TC 26 January 2020 - R 2 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 2, Armitage Williams Construction Pace, an information was filed by Stipendiary Steward, Ms C M Tibbs, against Licensed Open Driver, Ms S J Ottley, alleging that Ms Ottley, as the driver of MAKASAR BOY in the race, “used her whip on more occasions than permitted by Clause (b) the Use of the Whip Regulations ”.
Ms Ottley had signed the Statement by the Respondent on the information form indicating that she admitted the charge. She confirmed this at the hearing, at which she was present.
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.
Ms Tibbs pointed out, on a video replay, MAKASAR BOY driven by Ms Ottley improving wide to challenge passing the 400 metres. From that point, Ms Tibbs alleged, Ms Ottley had used her whip in a striking motion 11 times to the finishing line.
Ms Ottley accepted the alleged count of 11, and the Committee was satisfied with that count based on its own observation of the video replay.
The Committee noted that MAKASAR BOY finished in 2nd placing.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Ottley having admitted the charge, the charge is found proved.
sumissionsforpenalty:
Ms Tibbs told the Committee that Ms Ottley has a clear record under the rule. She has had 353 drives this season and, since her most recent breach of the rule, 466 drives. She referred to the sliding scale of penalties under the Use of the Whip Regulations. The prescribed penalty for a breach involving a number of strikes in the range of 11-13 strikes is $200 and she submitted that that was the appropriate penalty in this instance.
reasonsforpenalty:
The Committee being satisfied that Ms Ottley had used her whip 11 times in the final 400 metres in breach of the rule and the regulations, the penalty prescribed under the regulations is a fine of $200. There are no aggravating or mitigating factors to warrant a departure from the prescribed fine of $200. However, we record that, the number of strikes was in the low-range, those strikes were by no means forceful (the last two were backhanders) and this was not a serious breach of the rule and regulations.
penalty:
Ms Ottley is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)& Use of the Whip Regulations
Informant: C M Tibbs, Stipendiary Steward
JockeysandTrainer: S J Ottley, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ce5d2ccc0c7d5b01fab300badd92fabc
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c70c3e51f616fc9ab71ba659f34e193c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 26/01/2020
meet_title: Banks Peninsula TC - 26 January 2020
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: DAnderson
meet_pm2: none
name: Banks Peninsula TC