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.

Timaru HRC 1 July 2018 – R 1 – Chair, Mr G J Clapp

ID: JCA14139

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Mrs C P Negus - Advanced Amateur Driver

Other Person:
Mr Renault - Stipendiary Steward

Information Number:
A09964

Hearing Type:
Hearing

New Charge:
Excessive Use of the Whip

Rules:
869(2)

Plea:
admitted

Meet Title:
Timaru HRC - 1 July 2018

Meet Chair:
GClapp

Meet Committee Member 1:
RMcKenzie

Race Date:
2018/07/01

Race Number:
R 1

Decision:

As the charge was admitted, the committee deemed the charge proved.

Penalty:

Mrs Negus is fined $200.

Facts:

Following the running of Race 1 (Supreme Equine Feeds Mobile Pace 2500m) Information A09964 was filed by Stipendiary Steward, Mr S Wallis with the Judicial Committee. It alleged a breach of Rule 869 (2) in that “C Negus (Queen of Glory) used her whip on more occasions than permitted in Clause (b) of the use of the whip regulations”. Mrs Negus had signed the Information acknowledging that she admitted the breach. She also endorsed the Information indicating that she did not wish to attend the hearing.

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 the Whip Regulation clause (b) reads: “No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky”.

Mr Wallis used the available films with the assistance of Mr Renault who identified QUEEN OF GLORY racing, widest on the track. On the run home Mr Wallis submitted that Mrs Negus had activated her gear and then proceeded to use her whip on 12 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.

Mr Wallis told the committee that Mrs Negus had agreed with the stewards as to the number of times that she used her whip.

Submissions for Penalty:

Mr Wallis told the committee that Mrs Negus had 22 drives last season and 19 drives this season. She has a clear record under this rule. Mr Wallis said that a fine of $200 was appropriate. When the number of strikes is 11 – 13 and it is a first offence, it is a $200 fine. Mrs Negus was not present to make any submissions to the contrary.

Reasons for Penalty:

It is clear from the films that Mrs Negus did use her whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The committee notes Mrs Negus’ early admission and that it is a first breach of the rule, it considers a fine as identified in the Regulation’s sliding scale as appropriate.

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: 9dfb75c2836b5ca99e4f87a8129daa49


informantnumber: A09964


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive Use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 03/07/2018


hearing_title: Timaru HRC 1 July 2018 - R 1 - Chair, Mr G J Clapp


charge:


facts:

Following the running of Race 1 (Supreme Equine Feeds Mobile Pace 2500m) Information A09964 was filed by Stipendiary Steward, Mr S Wallis with the Judicial Committee. It alleged a breach of Rule 869 (2) in that “C Negus (Queen of Glory) used her whip on more occasions than permitted in Clause (b) of the use of the whip regulations”. Mrs Negus had signed the Information acknowledging that she admitted the breach. She also endorsed the Information indicating that she did not wish to attend the hearing.

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 the Whip Regulation clause (b) reads: “No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky”.

Mr Wallis used the available films with the assistance of Mr Renault who identified QUEEN OF GLORY racing, widest on the track. On the run home Mr Wallis submitted that Mrs Negus had activated her gear and then proceeded to use her whip on 12 occasions within the final 400m and was in breach of the rule specifically clause (b) of the Use of the Whip Regulations.

Mr Wallis told the committee that Mrs Negus had agreed with the stewards as to the number of times that she used her whip.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted, the committee deemed the charge proved.


sumissionsforpenalty:

Mr Wallis told the committee that Mrs Negus had 22 drives last season and 19 drives this season. She has a clear record under this rule. Mr Wallis said that a fine of $200 was appropriate. When the number of strikes is 11 – 13 and it is a first offence, it is a $200 fine. Mrs Negus was not present to make any submissions to the contrary.


reasonsforpenalty:

It is clear from the films that Mrs Negus did use her whip 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of the Whip Regulations. The committee notes Mrs Negus’ early admission and that it is a first breach of the rule, it considers a fine as identified in the Regulation’s sliding scale as appropriate.


penalty:

Mrs Negus is fined $200.


hearing_type: Hearing


Rules: 869(2)


Informant: Mr S W Wallis - Stipendiary Steward


JockeysandTrainer: Mrs C P Negus - Advanced Amateur Driver


Otherperson: Mr Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 4c87e1483262060dcf867a8d46f3a26d


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: ad7bc17be29712f03feffc5630a8f131


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 01/07/2018


meet_title: Timaru HRC - 1 July 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: timaru-hrc


meet_racingtype: harness-racing


meet_chair: GClapp


meet_pm1: RMcKenzie


meet_pm2: none


name: Timaru HRC