Forbury Park TC 30 May 2019 – R 9 (heard 3 June 2019 at Invercargill) – Chair, Prof G Hall

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startdate: 30/05/2019

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hearing_title: Forbury Park TC 30 May 2019 - R 9 (heard 3 June 2019 at Invercargill) - Chair, Prof G Hall

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Information No: A9816

Meeting: Forbury Park TC R 9

Date: 30 May 2019 (heard 3 June 2019 at Invercargill)

Rules: 869(2) and Use of the Whip Regulations

Name(s): Ms K Barclay – Open Horsewoman

Informant: Mr V Munro, Stipendiary Steward

Also present: Mr N Ydgren, Chief Stipendiary Steward

Plea: Admitted

Charge: Excessive Use of the Whip

Following the running of Race 9, the MEXT MEETING 13TH JUNE MOBILE PACE, an information was filed by Stipendiary Steward, Mr Munro, alleging that Ms Barclay, the driver of MISS FANDANGO, used her whip on more occasions than is permitted by the Use of the Whip Regulations. The hearing was opened and adjourned on the night.

The matter was heard at Ascot Park on 3 June. Ms Barclay indicated on the information that she admitted the breach and 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 the Whip Regulations provide:

(b) No horse(wo)man 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 Ydgren, Chief Stipendiary Steward, identified MISS FANDANGO on the race films. Mr Munro demonstrated that the respondent used her whip 13 times. There were 4 strikes on the home turn and then 9 strikes in the home straight. MISS FANDANGO finished in 4th place.

As Ms Barclay has admitted the breach, the breach is found to be proved.

Mr Munro produced Ms Barclay’s record. She had 52 drives last season and has had 108 drives this season. She has had 107 drives since her previous breach of this rule on 11 August 2018. He submitted the penalty in the JCA Penalty Guide of a $200 fine was appropriate.

Ms Barclay has used the whip 13 times in the last 400 metres in breach of the Whip Regulations. There was a pause after the first 4 strikes, and she has stopped using the whip in the last 100 metres.

Six months is the reset period under this rule. Ms Barclay has had no breaches of this rule in the last 6 months. This is her 107th drive since her last suspension. The starting point having regard to the fact that the number of strikes is low-range is a fine of $200. There are no aggravating or mitigating features.

Ms Barclay is fined the sum of $200.

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Rules: 869(2) and Use of the Whip Regulations

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