Archive Decision

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Gore HRC 19 May 2018 – R 6 – Chair, Prof G Hall

ID: JCA14949

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Ms M Parker - Junior Driver

Other Person:
Mr B Orange - Open Horseman assisting Ms Parker, Mr V Munro - Stipendiary Steward

Information Number:
A10503

Hearing Type:
Hearing

New Charge:
Excessive use of the wwhip

Rules:
869(2) and Use of Whip Regulations

Plea:
admitted

Meet Title:
Gore HRC - 19 May 2018

Meet Chair:
GHall

Meet Committee Member 1:
PWilliams

Race Date:
2018/05/19

Race Number:
R 6

Decision:

Ms Parker has admitted the breach. We find the breach proved.

Penalty:

We suspend Ms Parker from the end of racing on 26 May up to and including 9 June. This is 3 meetings, these being Forbury Park 31 May, and Invercargill 4 and 9 June.

Facts:

Following the running of Race 6, the ABERNETHY CONTRACTING LTD MOBILE PACE, an Information was filed by Stipendiary Steward, Mr Wallis, alleging that Ms Parker, the driver of THE BULL PEN, exceeded the permitted number of strikes over the final 400 metres.

Ms Parker admitted the breach and was assisted by Mr Orange.

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 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 Munro, Stipendiary Steward, demonstrated on the race films that the respondent used her whip 14 times in the home straight. THE BULL PEN finished in 1st place. The 14 strikes were interrupted on two occasions when Ms Parker activated gear.

Submissions for Penalty:

Mr Wallis said Ms Parker was a relatively busy driver considering that she had had six months away from race driving. She had had 99 drives last season and 25 this season prior to today. He submitted the starting point in the JCA penalty guidelines was 3 to 5 days. He believed the appropriate penalty was 4 days in view of the fact there were 14 strikes.

Ms Orange emphasised that the respondent was a junior driver and asked the Committee to impose a 3-day suspension.

Ms Parker requested a 7-day deferment so she could drive at Invercargill on 26 May. Mr Wallis did not object to this.

Reasons for Penalty:

The Committee is satisfied that Ms Parker used her whip 14 times inside the final 400 metres. The breach is one strike above the low range, which is 11 to 13 strikes. Having regard to this fact, that there were two respites, and that Ms Parker is a junior driver and has admitted the breach, we believe a penalty of three days’ suspension is appropriate. We have listened to the respondent’s explanation that she did not believe strikes with the reins counted if the strikes were broken up but do not believe this is a mitigating factor. This particular rule and the accompanying Use of the Whip Regulations have been in effect for some time now and it is Ms Parker’s obligation to acquaint herself with the Rules.

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: 9069b0079dcaf7d4368b3100f9bb2833


informantnumber: A10503


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the wwhip


plea: admitted


penaltyrequired: 1


decisiondate: 21/05/2018


hearing_title: Gore HRC 19 May 2018 - R 6 - Chair, Prof G Hall


charge:


facts:

Following the running of Race 6, the ABERNETHY CONTRACTING LTD MOBILE PACE, an Information was filed by Stipendiary Steward, Mr Wallis, alleging that Ms Parker, the driver of THE BULL PEN, exceeded the permitted number of strikes over the final 400 metres.

Ms Parker admitted the breach and was assisted by Mr Orange.

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 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 Munro, Stipendiary Steward, demonstrated on the race films that the respondent used her whip 14 times in the home straight. THE BULL PEN finished in 1st place. The 14 strikes were interrupted on two occasions when Ms Parker activated gear.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Ms Parker has admitted the breach. We find the breach proved.


sumissionsforpenalty:

Mr Wallis said Ms Parker was a relatively busy driver considering that she had had six months away from race driving. She had had 99 drives last season and 25 this season prior to today. He submitted the starting point in the JCA penalty guidelines was 3 to 5 days. He believed the appropriate penalty was 4 days in view of the fact there were 14 strikes.

Ms Orange emphasised that the respondent was a junior driver and asked the Committee to impose a 3-day suspension.

Ms Parker requested a 7-day deferment so she could drive at Invercargill on 26 May. Mr Wallis did not object to this.


reasonsforpenalty:

The Committee is satisfied that Ms Parker used her whip 14 times inside the final 400 metres. The breach is one strike above the low range, which is 11 to 13 strikes. Having regard to this fact, that there were two respites, and that Ms Parker is a junior driver and has admitted the breach, we believe a penalty of three days’ suspension is appropriate. We have listened to the respondent’s explanation that she did not believe strikes with the reins counted if the strikes were broken up but do not believe this is a mitigating factor. This particular rule and the accompanying Use of the Whip Regulations have been in effect for some time now and it is Ms Parker’s obligation to acquaint herself with the Rules.


penalty:

We suspend Ms Parker from the end of racing on 26 May up to and including 9 June. This is 3 meetings, these being Forbury Park 31 May, and Invercargill 4 and 9 June.


hearing_type: Hearing


Rules: 869(2) and Use of Whip Regulations


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Ms M Parker - Junior Driver


Otherperson: Mr B Orange - Open Horseman assisting Ms Parker, Mr V Munro - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 3852e94937f1b095812e91af8ef3bb62


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: cc4595e904dd83ca74d7d1ea9b1efe9b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/05/2018


meet_title: Gore HRC - 19 May 2018


meet_expappcomment:


meet_km:


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tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PWilliams


meet_pm2: none


name: Gore HRC