Archive Decision

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Central Otago TC 2 January 2017 – R 11 – Chair, Mr P Knowles

ID: JCA17826

Applicant:
Mr L Tidmarsh

Respondent(s):
Miss K Butt - Junior Driver

Other Person:
Mr S Golding - Assisting Miss Butt

Information Number:
A8564

Hearing Type:
Hearing

New Charge:
Excessive use whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Central Otago TC - 2 January 2017

Meet Chair:
PKnowles

Meet Committee Member 1:
GHall

Race Date:
2017/01/02

Race Number:
R8

Decision:

Miss Butt appeared at the hearing with the assistance of Mr Golding, and had admitted the breach at the first opportunity. After viewing the videos and hearing the evidence we find the breach proved.

Penalty:

Miss Butt is fined $300.

Facts:

Following the running of the ALEXANDRA NEW WORLD/ANDREW MAY CONTRACTING MOBILE PACE, Stewards lodged an information alleging “Miss K Butt used her whip in an excessive manner in the final 400m”.

Rule 869 (2) (a) reads:

(2) No horseman shall during any race:­-

(a) use his whip in an unnecessary, excessive or improper manner.

Miss Butt attended the hearing and admitted the breach of the Rule. Mr Golding assisted during the hearing.

Mr Tidmarsh, with the assistance of the videos, stated that Miss Butt (One Direction) was challenging for the lead on entering the home straight. Miss Butt used her whip twice, with the whip in her rein hand before reaching forward and releasing the deafeners. He stated Miss Butt then used her whip on 11 occasions to the finish line, the final three in quick succession about 50 metres short of the post. He stated the final 11 strikes of the whip were in breach of the Whip Regulations.

Miss Butt stated she had used the whip three times about 60m from the finish, which were smaller and quicker. Prior to that she had broken up her use of the whip.

Submissions for Penalty:

Mr Tidmarsh stated that Miss Butt was an experienced Junior Horsewoman. She had driven 81 times this season (to date) and 243 times last season. She had no previous whip charges over the past 12 months, her record was impeccable and the breach was at the low end of the scale. Mr Tidmarsh stated that the JCA Penalty Guide recommended a $500 fine, but made no specific penalty submission choosing to leave that to the committee to decide.

Mr Golding submitted that Miss Butt had a very good driving record and had admitted the charge at the first opportunity. He stated up until the final three strikes with the whip Miss Butt had driven within the whip regulations and had misjudged her whip use over the final 50 metres. He said Miss Butt had some good drives at Cromwell (7th January) and she would prefer a fine as opposed to a suspension.

Reasons for Penalty:

Following submissions we adopt a starting point of $500 as per the JCA Guidelines. There are no aggravating features and therefore no uplift. We give extra credit to Miss Butt for her excellent record, her early admission of the breach and that the breach is at the low end of the scale.

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: f291c6f06cc849a7cac038404cf813cf


informantnumber: A8564


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use whip


plea: admitted


penaltyrequired: 1


decisiondate: 04/01/2017


hearing_title: Central Otago TC 2 January 2017 - R 11 - Chair, Mr P Knowles


charge:


facts:

Following the running of the ALEXANDRA NEW WORLD/ANDREW MAY CONTRACTING MOBILE PACE, Stewards lodged an information alleging “Miss K Butt used her whip in an excessive manner in the final 400m”.

Rule 869 (2) (a) reads:

(2) No horseman shall during any race:­-

(a) use his whip in an unnecessary, excessive or improper manner.

Miss Butt attended the hearing and admitted the breach of the Rule. Mr Golding assisted during the hearing.

Mr Tidmarsh, with the assistance of the videos, stated that Miss Butt (One Direction) was challenging for the lead on entering the home straight. Miss Butt used her whip twice, with the whip in her rein hand before reaching forward and releasing the deafeners. He stated Miss Butt then used her whip on 11 occasions to the finish line, the final three in quick succession about 50 metres short of the post. He stated the final 11 strikes of the whip were in breach of the Whip Regulations.

Miss Butt stated she had used the whip three times about 60m from the finish, which were smaller and quicker. Prior to that she had broken up her use of the whip.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Miss Butt appeared at the hearing with the assistance of Mr Golding, and had admitted the breach at the first opportunity. After viewing the videos and hearing the evidence we find the breach proved.


sumissionsforpenalty:

Mr Tidmarsh stated that Miss Butt was an experienced Junior Horsewoman. She had driven 81 times this season (to date) and 243 times last season. She had no previous whip charges over the past 12 months, her record was impeccable and the breach was at the low end of the scale. Mr Tidmarsh stated that the JCA Penalty Guide recommended a $500 fine, but made no specific penalty submission choosing to leave that to the committee to decide.

Mr Golding submitted that Miss Butt had a very good driving record and had admitted the charge at the first opportunity. He stated up until the final three strikes with the whip Miss Butt had driven within the whip regulations and had misjudged her whip use over the final 50 metres. He said Miss Butt had some good drives at Cromwell (7th January) and she would prefer a fine as opposed to a suspension.


reasonsforpenalty:

Following submissions we adopt a starting point of $500 as per the JCA Guidelines. There are no aggravating features and therefore no uplift. We give extra credit to Miss Butt for her excellent record, her early admission of the breach and that the breach is at the low end of the scale.


penalty:

Miss Butt is fined $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr L Tidmarsh


JockeysandTrainer: Miss K Butt - Junior Driver


Otherperson: Mr S Golding - Assisting Miss Butt


PersonPresent:


Respondent:


StipendSteward:


raceid: 11df3c93cc18d4ec85ec26554e94eb4c


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: 5c2a4b0fb71f76197a068b4f4994ff65


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 02/01/2017


meet_title: Central Otago TC - 2 January 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: central-otago-tc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: GHall


meet_pm2: none


name: Central Otago TC