Archive Decision

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Waikato BOP H 6 September 2018 – R 1 – Chair, Mr BJ Scott

ID: JCA15902

Applicant:
Mr JM Muirhead - Senior Stipendiary Steward

Respondent(s):
Ms S Wigg - Licensed Amateur Horsewoman

Other Person:
Mr T Vince - Trainer of RUNCLE assisting Ms Wigg, Mr S Wallis - Stipendiary Steward

Information Number:
A11101

Hearing Type:
Hearing

New Charge:
Excessive use of the Whip

Rules:
Rule 869(2) and the Whip Regulations

Plea:
admitted

Meet Title:
Harness Racing Waikato - 6 September 2018

Meet Chair:
BScott

Meet Committee Member 1:
AGodsalve

Race Date:
2018/09/06

Race Number:
R1

Decision:

The breach is admitted and therefore the charge is proved.

Penalty:

This Committee orders that Ms Wigg's Amateur Drivers License is suspended from the conclusion of racing tonight the 6th of September 2018 up to the conclusion of racing on the 11th of October 2018. We calculate that to be 4 Driving days.

Facts:

Following the running of the ALABAR MOBILE PACE an Information was lodged by Senior Stipendiary Steward, Mr JM Muirhead against Licensed Amateur Horsewoman, Ms S Wigg alleging that Ms Wigg when driving RUNCLE used her whip outside the provisions of clause (b) of the Whip Regulations.

Rule 869(2) provides that: no Horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.

Clause (b) of the Use of Whip Regulations provides : No Horseman 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.

Ms Wigg was present at the Hearing and she acknowledged that she understood the Rule and Regulations and she advised the Committee that she admitted the breach.

Mr T Vince the Owner/Trainer of RUNCLE was present in support of Ms Wigg.

Stipendiary Steward, Mr S Wallis demonstrated the incident by use of the race films. He showed where inside the last 400 metres Ms Wigg used her whip 14 times.

Ms Wigg was asked if she agreed with that number and Mr Vince confirmed that they agreed. He did say that Ms Wigg had her hands on the reins and that they were moderate strikes.

Submissions for Penalty:

Mr Muirhead said that this was Ms Wigg's second breach of this Rule in the last 6 months. The last occasion being on the 16th of August 2018 for which Ms Wigg received a fine. He submitted that in terms of the Whip Regulations the Committee should consider a 3 to 5 day suspension of Ms Wigg's License.

Mr Vince asked the Committee if a suspension was mandatory and the relevant part of the Regulation was read out to Ms Wigg and him. He did say that Ms Wigg is a regular driver in Amateur Drivers Races in the South Island and asked if this could be taken into account. Mr Muirhead said that he had no problem with that approach.

Ms Wigg asked that any suspension begins immediately.

Reasons for Penalty:

The Committee is concerned that this is Ms Wigg's second breach of this Rule in less than a month. The film evidence is very clear and Ms Wigg has admitted the breach although this was inevitable.

Clause (b) of the Use of Whip Regulations sets out a number of penalties and specifies that for a second or subsequent offence the starting point penalty is a 3 to 5 day suspension of License.

We are aware that Ms Wigg does drive in the South Island and we have taken this into account when assessing penalty. We believe that a 4 day suspension is 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: e2b4ec62420e0848dacc9ba5ad52afb6


informantnumber: A11101


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the Whip


plea: admitted


penaltyrequired: 1


decisiondate: 08/09/2018


hearing_title: Waikato BOP H 6 September 2018 - R 1 - Chair, Mr BJ Scott


charge:


facts:

Following the running of the ALABAR MOBILE PACE an Information was lodged by Senior Stipendiary Steward, Mr JM Muirhead against Licensed Amateur Horsewoman, Ms S Wigg alleging that Ms Wigg when driving RUNCLE used her whip outside the provisions of clause (b) of the Whip Regulations.

Rule 869(2) provides that: no Horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.

Clause (b) of the Use of Whip Regulations provides : No Horseman 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.

Ms Wigg was present at the Hearing and she acknowledged that she understood the Rule and Regulations and she advised the Committee that she admitted the breach.

Mr T Vince the Owner/Trainer of RUNCLE was present in support of Ms Wigg.

Stipendiary Steward, Mr S Wallis demonstrated the incident by use of the race films. He showed where inside the last 400 metres Ms Wigg used her whip 14 times.

Ms Wigg was asked if she agreed with that number and Mr Vince confirmed that they agreed. He did say that Ms Wigg had her hands on the reins and that they were moderate strikes.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

The breach is admitted and therefore the charge is proved.


sumissionsforpenalty:

Mr Muirhead said that this was Ms Wigg's second breach of this Rule in the last 6 months. The last occasion being on the 16th of August 2018 for which Ms Wigg received a fine. He submitted that in terms of the Whip Regulations the Committee should consider a 3 to 5 day suspension of Ms Wigg's License.

Mr Vince asked the Committee if a suspension was mandatory and the relevant part of the Regulation was read out to Ms Wigg and him. He did say that Ms Wigg is a regular driver in Amateur Drivers Races in the South Island and asked if this could be taken into account. Mr Muirhead said that he had no problem with that approach.

Ms Wigg asked that any suspension begins immediately.


reasonsforpenalty:

The Committee is concerned that this is Ms Wigg's second breach of this Rule in less than a month. The film evidence is very clear and Ms Wigg has admitted the breach although this was inevitable.

Clause (b) of the Use of Whip Regulations sets out a number of penalties and specifies that for a second or subsequent offence the starting point penalty is a 3 to 5 day suspension of License.

We are aware that Ms Wigg does drive in the South Island and we have taken this into account when assessing penalty. We believe that a 4 day suspension is appropriate.


penalty:

This Committee orders that Ms Wigg's Amateur Drivers License is suspended from the conclusion of racing tonight the 6th of September 2018 up to the conclusion of racing on the 11th of October 2018. We calculate that to be 4 Driving days.


hearing_type: Hearing


Rules: Rule 869(2) and the Whip Regulations


Informant: Mr JM Muirhead - Senior Stipendiary Steward


JockeysandTrainer: Ms S Wigg - Licensed Amateur Horsewoman


Otherperson: Mr T Vince - Trainer of RUNCLE assisting Ms Wigg, Mr S Wallis - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: fd4776ce7d1d7fc57f0a1cb3cd3ce98c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R1


submittochair:


race_expappcomment:


race_km:


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race_chair:


race_pm1:


race_pm2:


meetid: 418c78a26e8d7897af3fbdba39b3a96d


meet_expapproval:


meet_noreport: 0


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meetdate: 06/09/2018


meet_title: Harness Racing Waikato - 6 September 2018


meet_expappcomment:


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tracklocation: harness-racing-waikato


meet_racingtype: harness-racing


meet_chair: BScott


meet_pm1: AGodsalve


meet_pm2: none


name: Harness Racing Waikato