Invercargill HRC 24 November 2017 – R 1 – Chair, Prof G Hall
ID: JCA11903
Meet Title:
Invercargill HRC - 24 November 2017
Meet Chair:
GHall
Meet Committee Member 1:
VMUnro
Race Date:
2017/11/24
Race Number:
R 1
Decision:
Ms Barclay has admitted the charge. The charge is proved.
Penalty:
Ms Barclay is suspended for 5 days, which is the Invercargill meeting on 9 December, Winton 17 December, Wairio 23 December, Gore 27 December, and Winton 31 December 2017.
Facts:
Mr Renault, Stipendiary Steward, alleged that Ms Barclay used her whip in an excessive manner when driving EVER READY over the final 400 metres of race 1, the SWEET LOU $4000 SPECIAL CONTINUES Fillies & Mares Mobile Pace.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Ms Barclay signed the Statement by the Respondent on the Information indicating that she admitted the breach and that she did not wish to be present at the hearing.
Mr Renault showed a video replay of the last 400 metres of the race. He identified Ms Barclay was racing in the trail.
Mr Renault demonstrated that Ms Barclay had used her whip on 16 occasions. He also advised that Ms Barclay had viewed the videos in the presence of the Stipendiary Stewards and had agreed with this count.
Submissions for Penalty:
Mr Renault produced Ms Barclay’s record, which evidenced a breach within the last 6 months on 10 June when she was suspended for 4 days. She had also been suspended for 3 days on 25 March. He described her as a “not busy Southland driver” with 63 drives last season and 13 drives to date this season.
Mr Renault informed the Committee that he believed the strikes were forceful. He agreed with the Committee that there had been brief pauses.
He identified the breach as being at the higher end of the scale due to the number and forcefulness of the strikes.
Reasons for Penalty:
We are satisfied that the respondent has used the whip on 16 occasions in the last 400 metres. We agree with the informant’s description of the breach.
The starting point is a suspension in the range of 3 to 5 meetings, as in the JCA Penalty Guide. We take 5 days as the breach is at the high end. We believe the respondent’s explanation for the breach is correctly described by the Stipendiary Stewards as “disappointing”. It is evident that she was prepared to throw caution to the wind.
We have regard to her record and her admission of the breach.
We accept that Ms Barclay only drives on the odd occasion outside of Southland. Mr Renault told us that she agreed with this assessment.
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: 2b6d08b615260a43c2c40f3cd3850520
informantnumber: A9769
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 27/11/2017
hearing_title: Invercargill HRC 24 November 2017 - R 1 - Chair, Prof G Hall
charge:
facts:
Mr Renault, Stipendiary Steward, alleged that Ms Barclay used her whip in an excessive manner when driving EVER READY over the final 400 metres of race 1, the SWEET LOU $4000 SPECIAL CONTINUES Fillies & Mares Mobile Pace.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Ms Barclay signed the Statement by the Respondent on the Information indicating that she admitted the breach and that she did not wish to be present at the hearing.
Mr Renault showed a video replay of the last 400 metres of the race. He identified Ms Barclay was racing in the trail.
Mr Renault demonstrated that Ms Barclay had used her whip on 16 occasions. He also advised that Ms Barclay had viewed the videos in the presence of the Stipendiary Stewards and had agreed with this count.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Barclay has admitted the charge. The charge is proved.
sumissionsforpenalty:
Mr Renault produced Ms Barclay’s record, which evidenced a breach within the last 6 months on 10 June when she was suspended for 4 days. She had also been suspended for 3 days on 25 March. He described her as a “not busy Southland driver” with 63 drives last season and 13 drives to date this season.
Mr Renault informed the Committee that he believed the strikes were forceful. He agreed with the Committee that there had been brief pauses.
He identified the breach as being at the higher end of the scale due to the number and forcefulness of the strikes.
reasonsforpenalty:
We are satisfied that the respondent has used the whip on 16 occasions in the last 400 metres. We agree with the informant’s description of the breach.
The starting point is a suspension in the range of 3 to 5 meetings, as in the JCA Penalty Guide. We take 5 days as the breach is at the high end. We believe the respondent’s explanation for the breach is correctly described by the Stipendiary Stewards as “disappointing”. It is evident that she was prepared to throw caution to the wind.
We have regard to her record and her admission of the breach.
We accept that Ms Barclay only drives on the odd occasion outside of Southland. Mr Renault told us that she agreed with this assessment.
penalty:
Ms Barclay is suspended for 5 days, which is the Invercargill meeting on 9 December, Winton 17 December, Wairio 23 December, Gore 27 December, and Winton 31 December 2017.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Ms K Barclay - Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 4a93c443e5eb605ad4d3c8762aea109e
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 503b81498903910ac334fee11999153c
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 24/11/2017
meet_title: Invercargill HRC - 24 November 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: VMUnro
meet_pm2: none
name: Invercargill HRC