Nelson HRC 10 June 2018 – R 3 – Chair, Mr T Utikere
ID: JCA11488
Meet Title:
Nelson HRC - 10 June 2018
Meet Chair:
TUtikere
Meet Committee Member 1:
PWilliams
Race Date:
2018/06/10
Race Number:
R3
Decision:
As the charge was admitted, the Committee deemed the charge proved.
Penalty:
Ms Ottley is fined $400.
Facts:
Following the running of Race 3 (More FM Mobile Pace 2400m) Information A10807 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and alleged that Ms Ottley "prior to the 400m you used your whip excessively".
Rule 869(2) states: "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 Whip Regulation clause (f) reads: “The whip must not be used excessively prior to the final 400m.”
Ms Ottley confirmed that she understood the rule and that she admitted the breach.
Using the side-on film Mr Wallis identified Ms Ottley (MOYTURA) racing near the 1800m and improving from a three-wide position in an attempt to take up a position at the front of the field. From the 1800m until the winning post on the first occasion, some 350 metres, Mr Wallis submitted that she had used her whip 17 times over that distance.
Ms Ottley informed the Committee that she was unaware that there was a rule regarding the use of the whip prior to the 400 metres. She also described her horse as lazy, and used this as justification for using her whip at that time.
Submissions for Penalty:
Mr Wallis stated that Ms Ottley had a very good record, with a previous breach of Rule 869(2)(b) on 15 October 2017; having had 452 drives since that breach. He referred to the JCA Penalty Guidelines Starting Point of a $300 fine, and believed that the number of strikes required an uplift to $400. After applying Ms Ottley’s record and her admission of the breach he considered a $300 fine as appropriate. He was also unable to confirm that MOYTURA may not have gone on to win the race if it was simply required to sit parked rather than being actively struck with the whip to obtain the front-running position.
Ms Ottley submitted that the films were very clear and that she had a good record for whip use, having not breached the rule for some time. She also believed that a fine of $400 would be a hefty fine for any driver in these circumstances.
Reasons for Penalty:
We have considered the submissions of both parties. It is clear from the side-on film that Ms Ottley used her whip on at least 17 occasions over a 350 metres distance. The film also demonstrates that Ms Ottley’s whip use at that time is a blatant breach of the Regulation. While she may have been unaware that there were restrictions on whip use prior to the final 400m, the responsibility for rule awareness and understanding rests solely with her as the driver of the horse on this occasion. We also make the observation that she continued to strike her horse until it got to the front, and from there she went on to win the race. We are aware of the JCA Penalty Guidelines Starting Point of a $300 fine and have also reviewed the recent decision of RIU v O’Reilly (20 May 2018), which refers to a recent breach of this rule. In the circumstances of that case Mr O’Reilly denied the breach and the Committee found the charged proved, with Mr O’Reilly striking his horse 22 times. In their decision, the Committee referred to the sliding scale that exists for breaches of Rule 869(2)(b). Ms Ottley’s breach relates to at least 17 strikes. When that is aligned with the sliding scale for a breach of Rule 869(2)(b); 17 strikes over the greater distance of 400m attracts a $500 fine. In mitigation we have considered Ms Ottley’s good record and her admission of the breach. In aggravation we have considered the blatant breach of the Regulation and the number of strikes that led to the breach. We consider a fine similar to the quantums identified in the sliding scale as appropriate.
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: 21b4378dbc90e1d921959be693c954ef
informantnumber: A10807
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 10/06/2018
hearing_title: Nelson HRC 10 June 2018 - R 3 - Chair, Mr T Utikere
charge:
facts:
Following the running of Race 3 (More FM Mobile Pace 2400m) Information A10807 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) and alleged that Ms Ottley "prior to the 400m you used your whip excessively".
Rule 869(2) states: "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 Whip Regulation clause (f) reads: “The whip must not be used excessively prior to the final 400m.”
Ms Ottley confirmed that she understood the rule and that she admitted the breach.
Using the side-on film Mr Wallis identified Ms Ottley (MOYTURA) racing near the 1800m and improving from a three-wide position in an attempt to take up a position at the front of the field. From the 1800m until the winning post on the first occasion, some 350 metres, Mr Wallis submitted that she had used her whip 17 times over that distance.
Ms Ottley informed the Committee that she was unaware that there was a rule regarding the use of the whip prior to the 400 metres. She also described her horse as lazy, and used this as justification for using her whip at that time.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the charge was admitted, the Committee deemed the charge proved.
sumissionsforpenalty:
Mr Wallis stated that Ms Ottley had a very good record, with a previous breach of Rule 869(2)(b) on 15 October 2017; having had 452 drives since that breach. He referred to the JCA Penalty Guidelines Starting Point of a $300 fine, and believed that the number of strikes required an uplift to $400. After applying Ms Ottley’s record and her admission of the breach he considered a $300 fine as appropriate. He was also unable to confirm that MOYTURA may not have gone on to win the race if it was simply required to sit parked rather than being actively struck with the whip to obtain the front-running position.
Ms Ottley submitted that the films were very clear and that she had a good record for whip use, having not breached the rule for some time. She also believed that a fine of $400 would be a hefty fine for any driver in these circumstances.
reasonsforpenalty:
We have considered the submissions of both parties. It is clear from the side-on film that Ms Ottley used her whip on at least 17 occasions over a 350 metres distance. The film also demonstrates that Ms Ottley’s whip use at that time is a blatant breach of the Regulation. While she may have been unaware that there were restrictions on whip use prior to the final 400m, the responsibility for rule awareness and understanding rests solely with her as the driver of the horse on this occasion. We also make the observation that she continued to strike her horse until it got to the front, and from there she went on to win the race. We are aware of the JCA Penalty Guidelines Starting Point of a $300 fine and have also reviewed the recent decision of RIU v O’Reilly (20 May 2018), which refers to a recent breach of this rule. In the circumstances of that case Mr O’Reilly denied the breach and the Committee found the charged proved, with Mr O’Reilly striking his horse 22 times. In their decision, the Committee referred to the sliding scale that exists for breaches of Rule 869(2)(b). Ms Ottley’s breach relates to at least 17 strikes. When that is aligned with the sliding scale for a breach of Rule 869(2)(b); 17 strikes over the greater distance of 400m attracts a $500 fine. In mitigation we have considered Ms Ottley’s good record and her admission of the breach. In aggravation we have considered the blatant breach of the Regulation and the number of strikes that led to the breach. We consider a fine similar to the quantums identified in the sliding scale as appropriate.
penalty:
Ms Ottley is fined $400.
hearing_type: Hearing
Rules: Rule 869(2)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Ms S Ottley - Licensed Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: e794f59e4f51a0008729522a1d8924c4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R3
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 32de1d616e45892c2c7ae23f63870e13
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/06/2018
meet_title: Nelson HRC - 10 June 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nelson-hrc
meet_racingtype: harness-racing
meet_chair: TUtikere
meet_pm1: PWilliams
meet_pm2: none
name: Nelson HRC