Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Gore HRC 9 March 2014 – R 11

ID: JCA15905

Applicant:
Mr C J Allison - Stipendiary Steward

Respondent(s):
Mrs KL Barclay - Senior Horsewoman

Information Number:
1726

Hearing Type:
Hearing

New Charge:
Excessive use whip

Rules:
869 (2) (a)

Plea:
admitted

Meet Title:
Gore HRC - 9 March 2014

Meet Chair:
PKnowles

Meet Committee Member 1:
DSteel

Race Date:
2014/03/09

Race Number:
R11

Decision:

Mrs Barclay had admitted the charge and it is found proved. 

Penalty:

Mrs Barclay’s Senior Horsewoman’s licence is suspended from the conclusion of racing at the Invercargill HRC meeting on the 11th March up to and including then 21st of March 2014. This includes meetings at Winton (15th), Waikouaiti (18th) and Addington (21st), three days.

Facts:

Following the running of Race 11, the ROBYNS STABLES FILLIES & MARES MOBILE PACE an information was filed by Stipendiary Steward Mr C Allison alleging Mrs KL Barclay (Delightful Song) breached Rule 869 (2) (a) in that ..Mrs KL Barclay (Delightful Song) used her whip excessively over the final stages.

Mrs Barclay was present at the hearing and admitted the charge.

Rule 869 (2) (a) provides:

No horseman shall during any race

Use his whip in an unnecessary, excessive or improper manner.

Mr Allison, with the use of the video replays, showed that Mrs Barclay used her whip on 24 occasions from the home turn. He said it was continuous whip use for most of the home straight. He also stated that Mrs Barclay was unaware that she was to be charged with a similar offence as a result of her whip use in the previous race.

Mrs Barclay stated she had found herself in similar position as the previous race and had driven her horse out fully. She was unaware that she was to be charged with a whip offence in the previous race.

Submissions for Penalty:

Mr Allison stated this was Mrs Barclay’s third breach of the rule. It was the second breach of the rule at the meeting in successive races. He said the Penalty Guide allowed for a suspension for a third offence or a substantial fine. Mrs Barclay had admitted the breach and was not aware she was to be charged for a prior offence. Mrs Barclay had had 145 drives this season and did drive at Canterbury meetings occasionally.

Mrs Barclay stated she had admitted the charge at the outset. She had not been aware of the previous charge and may have changed her whip use had she known that. She would prefer a fine as opposed to a suspension. 

Reasons for Penalty:

Mrs Barclay was given credit for her early admission and also that she was unaware of a pending breach of the rule at the time. However, this is Mrs Barclay’s third charge in two months and the second charge in consecutive races at the same meeting. The use of the whip on this occasion is mid range. Mrs Barclay had not accounted or adjusted her whip action for the change to a grass track. A suspension is the appropriate penalty.

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: e34052f0dd273675e05b3b262a0d5631


informantnumber: 1726


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use whip


plea: admitted


penaltyrequired: 1


decisiondate: 10/03/2014


hearing_title: Gore HRC 9 March 2014 - R 11


charge:


facts:

Following the running of Race 11, the ROBYNS STABLES FILLIES & MARES MOBILE PACE an information was filed by Stipendiary Steward Mr C Allison alleging Mrs KL Barclay (Delightful Song) breached Rule 869 (2) (a) in that ..Mrs KL Barclay (Delightful Song) used her whip excessively over the final stages.

Mrs Barclay was present at the hearing and admitted the charge.

Rule 869 (2) (a) provides:

No horseman shall during any race

Use his whip in an unnecessary, excessive or improper manner.

Mr Allison, with the use of the video replays, showed that Mrs Barclay used her whip on 24 occasions from the home turn. He said it was continuous whip use for most of the home straight. He also stated that Mrs Barclay was unaware that she was to be charged with a similar offence as a result of her whip use in the previous race.

Mrs Barclay stated she had found herself in similar position as the previous race and had driven her horse out fully. She was unaware that she was to be charged with a whip offence in the previous race.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mrs Barclay had admitted the charge and it is found proved. 


sumissionsforpenalty:

Mr Allison stated this was Mrs Barclay’s third breach of the rule. It was the second breach of the rule at the meeting in successive races. He said the Penalty Guide allowed for a suspension for a third offence or a substantial fine. Mrs Barclay had admitted the breach and was not aware she was to be charged for a prior offence. Mrs Barclay had had 145 drives this season and did drive at Canterbury meetings occasionally.

Mrs Barclay stated she had admitted the charge at the outset. She had not been aware of the previous charge and may have changed her whip use had she known that. She would prefer a fine as opposed to a suspension. 


reasonsforpenalty:

Mrs Barclay was given credit for her early admission and also that she was unaware of a pending breach of the rule at the time. However, this is Mrs Barclay’s third charge in two months and the second charge in consecutive races at the same meeting. The use of the whip on this occasion is mid range. Mrs Barclay had not accounted or adjusted her whip action for the change to a grass track. A suspension is the appropriate penalty.


penalty:

Mrs Barclay’s Senior Horsewoman’s licence is suspended from the conclusion of racing at the Invercargill HRC meeting on the 11th March up to and including then 21st of March 2014. This includes meetings at Winton (15th), Waikouaiti (18th) and Addington (21st), three days.


hearing_type: Hearing


Rules: 869 (2) (a)


Informant: Mr C J Allison - Stipendiary Steward


JockeysandTrainer: Mrs KL Barclay - Senior Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 13067a46be1aab590cd138d5e633902c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R11


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 691bc4047b32f74b972c593077bfd9b4


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 09/03/2014


meet_title: Gore HRC - 9 March 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: DSteel


meet_pm2: none


name: Gore HRC