Methven TC 31 January 2021 – R 3 – Chair, Mr D Anderson
ID: JCA13419
Meet Title:
Methven TC - 31 January 2021
Meet Chair:
DAnderson
Race Date:
2021/01/31
Race Number:
R 3
Decision:
As Mrs Lethaby admitted the breach the charge was found proved.
Penalty:
Mrs Lethaby is fined $200.
Facts:
Following the running of Race 3 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869(2) by Open Driver Mrs A Lethaby. The Information alleged; A Lethaby (BILLIE VISTA) used her whip with more than a wrist flicking motion in the home straight.
Mrs Lethaby signed the Information stating she admitted the breach and that she was conversant with the Rule.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
Mr Williams used the race video to identify Mrs Lethaby driving (4) BILLIE VISTA, in second position one off the rail entering the home straight. Mr Williams pointed to Mrs Lethaby and demonstrated on three separate occasions, the shoulder and elbow being engaged in striking her horse.
Mrs Lethaby acknowledged the fault in her action but submitted the strikes were not forceful.
Submissions for Penalty:
Mr Williams stated Mrs Lethaby had been spoken to previously about the new Rules but had not received a warning. He said the offending today was in three periods of the drive to the finish and was just too much.
Mr Williams said in keeping with other first-time breaches of the Rule the Stewards were seeking a fine of $200 as Penalty.
Mrs Lethaby chose not to make any submissions other than to say she had a good record in relation to the Rule.
Reasons for Penalty:
The JCA Penalty Guide provides in cases where a driver does not promptly correct their action a fine in the range of $200 to $400 is recommended.
The Committee observed Mrs Lethaby correct her action at the top of the straight but she has reverted to the old style on two other occasions.
Mrs Lethaby’s submission of her good record is irrelevant in relation to this Rule but the Committee acknowledge the fact she has not received a warning under the new Regulations.
The Committee in considering these factors agree a fine of $200 is an appropriate Penalty in this case.
JCA Decision Fields (raw)
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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: 3448ad1eedcba61572caa1e220a9c3a2
informantnumber: A13638
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breach of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 01/02/2021
hearing_title: Methven TC 31 January 2021 - R 3 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 3 an Information was filed by Stipendiary Steward Mr P Williams alleging a breach of Rule 869(2) by Open Driver Mrs A Lethaby. The Information alleged; A Lethaby (BILLIE VISTA) used her whip with more than a wrist flicking motion in the home straight.
Mrs Lethaby signed the Information stating she admitted the breach and that she was conversant with the Rule.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
3.4.1 If the whip is applied other than as permitted in clause 3.1.
Mr Williams used the race video to identify Mrs Lethaby driving (4) BILLIE VISTA, in second position one off the rail entering the home straight. Mr Williams pointed to Mrs Lethaby and demonstrated on three separate occasions, the shoulder and elbow being engaged in striking her horse.
Mrs Lethaby acknowledged the fault in her action but submitted the strikes were not forceful.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mrs Lethaby admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Williams stated Mrs Lethaby had been spoken to previously about the new Rules but had not received a warning. He said the offending today was in three periods of the drive to the finish and was just too much.
Mr Williams said in keeping with other first-time breaches of the Rule the Stewards were seeking a fine of $200 as Penalty.
Mrs Lethaby chose not to make any submissions other than to say she had a good record in relation to the Rule.
reasonsforpenalty:
The JCA Penalty Guide provides in cases where a driver does not promptly correct their action a fine in the range of $200 to $400 is recommended.
The Committee observed Mrs Lethaby correct her action at the top of the straight but she has reverted to the old style on two other occasions.
Mrs Lethaby’s submission of her good record is irrelevant in relation to this Rule but the Committee acknowledge the fact she has not received a warning under the new Regulations.
The Committee in considering these factors agree a fine of $200 is an appropriate Penalty in this case.
penalty:
Mrs Lethaby is fined $200.
hearing_type: Hearing
Rules: 869(2)
Informant: Mr P Williams - Stipendiary Steward
JockeysandTrainer: Mrs A Lethaby - Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a8c3d5e6e4e2c6104df8daa1669452b8
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 3
submittochair:
race_expappcomment:
race_km:
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race_chair:
race_pm1:
race_pm2:
meetid: 14ae3f8509b6b8fcb528c923a6754ea4
meet_expapproval:
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waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 31/01/2021
meet_title: Methven TC - 31 January 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: methven-tc
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: none
meet_pm2: none
name: Methven TC