Cheviot HRC 4 March 2018 – R 4 – Chair, Mr R McKenzie
ID: JCA15087
Meet Title:
Cheviot HRC - 4 March 2018
Meet Chair:
RMcKenzie
Meet Committee Member 1:
HWeston
Race Date:
2018/03/04
Race Number:
R4
Decision:
Ms Neilson having admitted the breach, the charge was found proved.
Penalty:
Ms Neilson is fined the sum of $200.
Facts:
Following the running of Race 4, Durable Committeeman Peter Drake 80th Birthday Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Ms M A Neilson, alleging that, as the driver of A LISTER in the race, she “used her whip in an excessive manner inside the final 400 metres”.
Ms Neilson had signed the Statement by the Respondent on the information form indicating that she admitted the breach and she further indicated that she did not wish to be present at the hearing.
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.
Mr Renault showed to the hearing a video replay of the final 400 metres of the race. He pointed out Ms Neilson, driving A LISTER, racing outside the leader as the field entered the final straight. After entering the home straight, Ms Neilson used her whip on 11 occasions to the finishing line, Mr Renault said.
Mr Renault said that Ms Neilson had not wanted to see the video replay before admitting the charge. Mr Renault added that Ms Neilson had accepted the alleged count of 11 strikes and, in any event, the video replay quite clearly showed her whip being used on 11 occasions.
Submissions for Penalty:
Mr Renault informed the Committee that Ms Neilson is not a regular driver. She has had 8 drives to date this season and, last season, she had 10 raceday drives. Her record under all Rules was clear over the past 12 months.
Mr Renault referred to the penalty guide set out in the Use of the Whip Regulations. The sliding scale for a breach of the Rule provides for a starting point for penalty for a breach involving a number of strikes in the range of 11-13 of a $200 fine.
Mr Renault suggested that a fine of $200 was an appropriate penalty.
Reasons for Penalty:
In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach, as this breach is, involving a number of strikes in the range of 11-13 is a fine of $200. There were no aggravating factors in this case – the breach was no worse than mid-range – and there were no mitigating factors warranting a discount from the starting point in the 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: a4c1de5f1c9ba878dd4301fb2bccb12d
informantnumber: A10169
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of Whip
plea: admitted
penaltyrequired: 1
decisiondate: 06/03/2018
hearing_title: Cheviot HRC 4 March 2018 - R 4 - Chair, Mr R McKenzie
charge:
facts:
Following the running of Race 4, Durable Committeeman Peter Drake 80th Birthday Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Driver, Ms M A Neilson, alleging that, as the driver of A LISTER in the race, she “used her whip in an excessive manner inside the final 400 metres”.
Ms Neilson had signed the Statement by the Respondent on the information form indicating that she admitted the breach and she further indicated that she did not wish to be present at the hearing.
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.
Mr Renault showed to the hearing a video replay of the final 400 metres of the race. He pointed out Ms Neilson, driving A LISTER, racing outside the leader as the field entered the final straight. After entering the home straight, Ms Neilson used her whip on 11 occasions to the finishing line, Mr Renault said.
Mr Renault said that Ms Neilson had not wanted to see the video replay before admitting the charge. Mr Renault added that Ms Neilson had accepted the alleged count of 11 strikes and, in any event, the video replay quite clearly showed her whip being used on 11 occasions.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Neilson having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Renault informed the Committee that Ms Neilson is not a regular driver. She has had 8 drives to date this season and, last season, she had 10 raceday drives. Her record under all Rules was clear over the past 12 months.
Mr Renault referred to the penalty guide set out in the Use of the Whip Regulations. The sliding scale for a breach of the Rule provides for a starting point for penalty for a breach involving a number of strikes in the range of 11-13 of a $200 fine.
Mr Renault suggested that a fine of $200 was an appropriate penalty.
reasonsforpenalty:
In determining penalty, the Committee had regard to the sliding scale of penalties as set out in the Use of the Whip Regulations. The prescribed penalty for a first breach, as this breach is, involving a number of strikes in the range of 11-13 is a fine of $200. There were no aggravating factors in this case – the breach was no worse than mid-range – and there were no mitigating factors warranting a discount from the starting point in the Regulations.
penalty:
Ms Neilson is fined the sum of $200.
hearing_type: Hearing
Rules: 869(2) & Use of the Whip Regulations
Informant: S P Renault, Stipendiary Steward
JockeysandTrainer: M A Neilson, Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: d9986921c87004b1eafe7d87667ecf28
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 7641cead87ca0b4e7677325b9434e9ff
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 04/03/2018
meet_title: Cheviot HRC - 4 March 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: cheviot-hrc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: HWeston
meet_pm2: none
name: Cheviot HRC