Archive Decision

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Waikato BOP H 27 January 2019 – R 4 – Chair, Mr A Godsalve

ID: JCA13254

Applicant:
Mr J Muirhead - Senior Stipendiary Steward

Respondent(s):
Ms A Mathews-Open Horsewoman

Information Number:
A12204

Hearing Type:
Hearing

New Charge:
Contravention of Whip Regulations

Rules:
Rule 869(2), Use of Whip Regulations

Plea:
admitted

Meet Title:
Harness Racing Waikato - 27 January 2019

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2019/01/27

Race Number:
R 4

Decision:

As Ms Mathews has admitted the breach we find the charge proved.

Penalty:

Accordingly the Committee imposed a fine of $200 on Ms Mathews.

Facts:

This charge followed the running of Race 4, the Seeka Kiwifruit Mobile Pace 1800m. Mr Muirhead alleged that Ms Mathews 'used her whip in breach of clause (b) of the Use of the Whip Regulations over the final 400 metres, driving MRS ZIPPY'.

Ms Mathews endorsed the Information to the effect that:

(a) She admitted the breach, and

(b) She did not wish to be present at the Hearing.

Rule 869(2) states 'No horseman in any race shall use his whip in an unnecessary, excessive or improper manner'.

The Use of the Whip Regulations provide 'No horse is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky'.

Using the films Mr Muirhead identified the horse MRS ZIPPY as she entered the final straight in a 3 wide position. From that point until the finish Ms Mathews struck the horse 13 times in contravention of the Rule and Regulations.

MRS ZIPPY finished in 4th place.

Submissions for Penalty:

Mr Muirhead referred to the JCA Penalty Guide which provides for a fine of $200 where the number of strikes is between 11-13 and the Respondent does not have a breach of the Rule within the prior 6 months.

Reasons for Penalty:

The Committee could find no  reason to vary the penalty provided in the JCA Penalty Guide where the Respondent has struck the horse 11-13 times and does not have a prior breach of the Rule within the past 6 months.

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: 585d1bcbbcf63c965bf22f3b6cc1825a


informantnumber: A12204


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 29/01/2019


hearing_title: Waikato BOP H 27 January 2019 - R 4 - Chair, Mr A Godsalve


charge:


facts:

This charge followed the running of Race 4, the Seeka Kiwifruit Mobile Pace 1800m. Mr Muirhead alleged that Ms Mathews 'used her whip in breach of clause (b) of the Use of the Whip Regulations over the final 400 metres, driving MRS ZIPPY'.

Ms Mathews endorsed the Information to the effect that:

(a) She admitted the breach, and

(b) She did not wish to be present at the Hearing.

Rule 869(2) states 'No horseman in any race shall use his whip in an unnecessary, excessive or improper manner'.

The Use of the Whip Regulations provide 'No horse is permitted to use their whip in a striking motion on more than 10 occasions inside the final 400 metres. This is inclusive of 'backhanders' and the use applies to the horse, harness and/or sulky'.

Using the films Mr Muirhead identified the horse MRS ZIPPY as she entered the final straight in a 3 wide position. From that point until the finish Ms Mathews struck the horse 13 times in contravention of the Rule and Regulations.

MRS ZIPPY finished in 4th place.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Ms Mathews has admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Muirhead referred to the JCA Penalty Guide which provides for a fine of $200 where the number of strikes is between 11-13 and the Respondent does not have a breach of the Rule within the prior 6 months.


reasonsforpenalty:

The Committee could find no  reason to vary the penalty provided in the JCA Penalty Guide where the Respondent has struck the horse 11-13 times and does not have a prior breach of the Rule within the past 6 months.


penalty:

Accordingly the Committee imposed a fine of $200 on Ms Mathews.


hearing_type: Hearing


Rules: Rule 869(2), Use of Whip Regulations


Informant: Mr J Muirhead - Senior Stipendiary Steward


JockeysandTrainer: Ms A Mathews-Open Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: d99ea4c28dc7fff3109799d6a8f543e6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 590bad4543895773568962e71a2010c1


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/01/2019


meet_title: Harness Racing Waikato - 27 January 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: AGodsalve


meet_pm1: ADooley


meet_pm2: none


name: Harness Racing Waikato