Methven TC 15 October 2017 – R 11 – Chair, Mr S Ching
ID: JCA12436
Meet Title:
Methven TC - 15 October 2017
Meet Chair:
SChing
Meet Committee Member 1:
DAnderson
Race Date:
2017/10/15
Race Number:
R11
Decision:
As Miss Ottley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
Penalty:
Accordingly, Miss Ottley is fined the sum of $300.
Facts:
Following the running of Race 11, the Staples & Kidd Ltd Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horsewoman, Miss S Ottley, alleging a breach of Rule 869(2)(a) in that she used her whip 11 times over the final 400m.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
- The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
- At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Miss Ottley had endorsed the information that the breach was admitted. She had also informed the Stewards that she did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Miss Ottley driving ROCKI WARRIOR turning for home when racing midfield and midtrack. Mr Renault said that after turning for home, Miss Ottley drew the whip and struck ROCKI WARRIOR, 11 times over the concluding stages. He said there were some urges through the tail and pauses but there were 11 clear strikes freehand. He stated that the force was mid-range but the breach was low level due to the number being just over the limit of 10.
Submissions for Penalty:
Mr Renault stated that Miss Ottley's driving record showed 88 drives to date this season, with 543 drives last season. He said Miss Ottley's penalty record showed 2 previous breaches being on 26 December 2016 at Westport where she received a 3-day suspension and a $300 fine on appeal at Oamaru on 3 December 2016. He stated that Miss Ottley had driven on 439 occasions since her last breach and that she was also outside the 6-month reset period for whip penalty.
Mr Renault also said that Miss Ottley had readily admitted the breach at the first opportunity. Mr Renault stated that the JCA Penalty Guide recommends a starting point of a $500 fine and taking the mitigating factors into consideration, submitted that a $300 fine be considered as penalty in this case.
Reasons for Penalty:
The JCA Penalty Guide provides a starting point of a $500 fine for a mid-range breach of this rule. The level of this breach we assessed as low and therefore reduced the starting point to $400. There were no aggravating factors to warrant an uplift in penalty but in mitigation Miss Ottleys’ admission of the breach and good record warranted a discount. This combined discount we set at $100. We therefore determined that a $300 was an appropriate penalty in this case.
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: 5bdbc5becc82a6655b99d5775e8f1155
informantnumber: A09865
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip.
plea: admitted
penaltyrequired: 1
decisiondate: 17/10/2017
hearing_title: Methven TC 15 October 2017 - R 11 - Chair, Mr S Ching
charge:
facts:
Following the running of Race 11, the Staples & Kidd Ltd Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Horsewoman, Miss S Ottley, alleging a breach of Rule 869(2)(a) in that she used her whip 11 times over the final 400m.
Rule 869(2)(a) reads as follows:
“(2) No horseman shall during any race:-
(a) Use his whip in an unnecessary, excessive or improper manner.”
Use of the Whip Guidelines provides:
- The whip shall not be used more than 10 times in the last 400m of a race, otherwise this will be deemed excessive use pursuant to these guidelines.
- At no stage of a race will Stewards permit continuous use of the whip. Horseman must show distinct pauses between the whip being used.
Miss Ottley had endorsed the information that the breach was admitted. She had also informed the Stewards that she did not wish to be present at the hearing which was confirmed by Mr Renault.
Mr Renault gave evidence and showed video replays of the run home. He pointed out Miss Ottley driving ROCKI WARRIOR turning for home when racing midfield and midtrack. Mr Renault said that after turning for home, Miss Ottley drew the whip and struck ROCKI WARRIOR, 11 times over the concluding stages. He said there were some urges through the tail and pauses but there were 11 clear strikes freehand. He stated that the force was mid-range but the breach was low level due to the number being just over the limit of 10.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Miss Ottley had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).
sumissionsforpenalty:
Mr Renault stated that Miss Ottley's driving record showed 88 drives to date this season, with 543 drives last season. He said Miss Ottley's penalty record showed 2 previous breaches being on 26 December 2016 at Westport where she received a 3-day suspension and a $300 fine on appeal at Oamaru on 3 December 2016. He stated that Miss Ottley had driven on 439 occasions since her last breach and that she was also outside the 6-month reset period for whip penalty.
Mr Renault also said that Miss Ottley had readily admitted the breach at the first opportunity. Mr Renault stated that the JCA Penalty Guide recommends a starting point of a $500 fine and taking the mitigating factors into consideration, submitted that a $300 fine be considered as penalty in this case.
reasonsforpenalty:
The JCA Penalty Guide provides a starting point of a $500 fine for a mid-range breach of this rule. The level of this breach we assessed as low and therefore reduced the starting point to $400. There were no aggravating factors to warrant an uplift in penalty but in mitigation Miss Ottleys’ admission of the breach and good record warranted a discount. This combined discount we set at $100. We therefore determined that a $300 was an appropriate penalty in this case.
penalty:
Accordingly, Miss Ottley is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Miss S Ottley - Licensed Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 550e0ea97b47ec8a57e3a2908aa21b68
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: 31c6ed94be23185e707943318b79690e
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 15/10/2017
meet_title: Methven TC - 15 October 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: SChing
meet_pm1: DAnderson
meet_pm2: none
name: Methven TC