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.

Tuapeka HRC – 26 October 2008 – Race 8

ID: JCA19149

Hearing Type:
Old Hearing

Hearing Type (Code):
harness-racing

Meet Title:
Tuapeka HRC - 26 October 2008

Race Date:
2008/10/26

Race Number:
Race 8

Decision:

Rule : 869 (2) (a) : Following the running of Race 8, an information was filed by Stipendiary Steward, Mr P T Knowles, alleging that K L Barclay used the whip in excess of 22 times in the home straight.



DECISION, REASON AND PENALTY

--

 

--

Rule : 869 (2) (a) : Following the running of Race 8, an information was filed by Stipendiary Steward, Mr P T Knowles, alleging that K L Barclay used the whip in excess of 22 times in the home straight.

--

 

--

Mrs Barclay did not admit the breach.

--

 

--

Film of the incident was shown by Mr Knowles.  This shows Hi Gun, driven by Mrs Barclay making a run on the outside of the field from the top of the home straight.  Mrs Barclay strikes Hi Gun at least 8 times in succession, then Mrs Barclay’s right foot comes out of the sulky footrest.  There appears to be a momentary pause in striking her horse, then Mrs Barclay continues to hit her horse without a break until the finish, amounting to a total number of strikes in excess of 22.

--

 

--

Mr Knowles made the comment that the whip action adopted by Mrs Barclay once her foot came out of the rest changed and this is noted by the Committee to be less severe.

--

 

--

Mrs Barclay stated that she had given her horse some good strikes with the whip on entering the straight and was mindful of the number of strikes.  Approximately half way down the straight the seat on her sulky shifted causing her to drop her right foot from the rest. This necessitated a change in her driving style and her whip action became more a combination of flicking both the reins and the whip than a strike.

--

 

--

This action was maintained to the finish and Hi Gun ran on into second place.

--

 

--

Mr Knowles stated that he did not have a discretion when considering use of the whip and that in his opinion the number of times the whip was used was excessive.

--

 

--

After consideration the Committee finds the charge proven, however given the mitigating circumstances and the distraction this created for Mrs Barclay, subject to submissions as to penalty from the Stipendiary Stewards, no penalty should be imposed in this case.

--

 

--

Mr Knowles made no submission, accepting the view of the Committee on penalty.

--

 

--

Accordingly, a proven charge of excessive use of the whip will stand against Mrs Barclay, however no other penalty is imposed in this case.

--

 

--

 

--

D Steel

--

Chairman

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: 27f264a92b802e5ecf3ae25325214465


informantnumber:


horsename:


hearing_racingtype: harness-racing


startdate: 26/10/2008


newcharge:


plea:


penaltyrequired:


decisiondate: no date provided


hearing_title: Tuapeka HRC - 26 October 2008 - Race 8


charge:


facts:


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Rule : 869 (2) (a) : Following the running of Race 8, an information was filed by Stipendiary Steward, Mr P T Knowles, alleging that K L Barclay used the whip in excess of 22 times in the home straight.



DECISION, REASON AND PENALTY

--

 

--

Rule : 869 (2) (a) : Following the running of Race 8, an information was filed by Stipendiary Steward, Mr P T Knowles, alleging that K L Barclay used the whip in excess of 22 times in the home straight.

--

 

--

Mrs Barclay did not admit the breach.

--

 

--

Film of the incident was shown by Mr Knowles.  This shows Hi Gun, driven by Mrs Barclay making a run on the outside of the field from the top of the home straight.  Mrs Barclay strikes Hi Gun at least 8 times in succession, then Mrs Barclay’s right foot comes out of the sulky footrest.  There appears to be a momentary pause in striking her horse, then Mrs Barclay continues to hit her horse without a break until the finish, amounting to a total number of strikes in excess of 22.

--

 

--

Mr Knowles made the comment that the whip action adopted by Mrs Barclay once her foot came out of the rest changed and this is noted by the Committee to be less severe.

--

 

--

Mrs Barclay stated that she had given her horse some good strikes with the whip on entering the straight and was mindful of the number of strikes.  Approximately half way down the straight the seat on her sulky shifted causing her to drop her right foot from the rest. This necessitated a change in her driving style and her whip action became more a combination of flicking both the reins and the whip than a strike.

--

 

--

This action was maintained to the finish and Hi Gun ran on into second place.

--

 

--

Mr Knowles stated that he did not have a discretion when considering use of the whip and that in his opinion the number of times the whip was used was excessive.

--

 

--

After consideration the Committee finds the charge proven, however given the mitigating circumstances and the distraction this created for Mrs Barclay, subject to submissions as to penalty from the Stipendiary Stewards, no penalty should be imposed in this case.

--

 

--

Mr Knowles made no submission, accepting the view of the Committee on penalty.

--

 

--

Accordingly, a proven charge of excessive use of the whip will stand against Mrs Barclay, however no other penalty is imposed in this case.

--

 

--

 

--

D Steel

--

Chairman


sumissionsforpenalty:


reasonsforpenalty:


penalty:


hearing_type: Old Hearing


Rules:


Informant:


JockeysandTrainer:


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 57bf74647859f7ddc6e4aa978f680651


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: Race 8


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: c40137f4b8220024caf2e7e15e450d0b


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 26/10/2008


meet_title: Tuapeka HRC - 26 October 2008


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: tuapeka-hrc


meet_racingtype: harness-racing


meet_chair:


meet_pm1:


meet_pm2:


name: Tuapeka HRC