Waikato BOP H 8 January 2021 – R 8 – Chair, Mr D Anderson
ID: JCA17433
Meet Title:
Harness Racing Waikato - 8 January 2021
Meet Chair:
DAnderson
Meet Committee Member 1:
AGodsalve
Race Date:
2021/01/08
Race Number:
R 8
Decision:
As Ms Harrison admitted the breach the charge was found proved.
Penalty:
Accordingly, Ms Harrison is fined $200.
Facts:
Following the running of Race 8, an Information was filed by Stipendiary Steward, Mr S Mulcay alleging a breach of Rule 869(2) by Junior Driver, Ms A Harrison. The information alleged;”Ms A Harrison (NEW YORK MINUTE) used her whip with more than a wrist flicking motion in the home straight”.
Ms Harrison signed the Information stating she admitted the breach and that she was conversant with the Rule.
Mr T Mitchell was assisting Ms Harrison at the hearing of the Information.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
(3.4.1) If the whip is applied other than as permitted in clause 3.1.
Mr Mulcay used the Race video to identify Ms Harrison driving (9) NEW YORK MINUTE, racing behind the leader entering the home straight. Mr Mulcay let the video run to the last 50 metres where he said the offending took place. He pointed to Ms Harrison striking her horse on a few occasions using more than a wrist flicking motion. Mr Mulcay said it is obvious on the film Ms Harrison is engaging her elbow fully which is in breach of the Whip Regulations.
Ms Harrison said she was trying hard to win the race and admitted she held her hands too high and that it wasn’t a good look.
Mr Mitchell agreed Ms Harrison had got it wrong and was just over the Guidelines.
Submissions for Penalty:
Mr Mulcay said the Stewards viewed this breach at the low range of the Regulations as Ms Harrison’s offending has been for a short period, under 50 metres.
Mr Mulcay said the new Penalty Guidelines for a low range breach is a fine. He said Ms Harrison has a clear record under this Rule but was warned for her whip action on 29 December 2020 and thus this Information has been presented.
Ms Harrison and Mr Mitchell chose not to make any submissions on penalty.
Reasons for Penalty:
The JCA Penalty Guide provides in stage 2 (November 1 onwards) for a low-level breach may be dealt with by a warning. If a warning is not considered appropriate, the Stewards will be seeking a fine. Low-level is defined as when a driver inadvertently reverts to the old style (free hand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to the compliant style. Penalty range $200 - $400 (first offence).
The Committee believes this breach falls within this level. Ms Harrison is a successful Junior Driver and breached the Regulations for a short period but needs to address her technique.
The Committee in considering these factors find a $200 fine as an appropriate penalty in this case.
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: e30d6636e1f84185adb16fd97784cb65
informantnumber: A9160
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 10/01/2021
hearing_title: Waikato BOP H 8 January 2021 - R 8 - Chair, Mr D Anderson
charge:
facts:
Following the running of Race 8, an Information was filed by Stipendiary Steward, Mr S Mulcay alleging a breach of Rule 869(2) by Junior Driver, Ms A Harrison. The information alleged;”Ms A Harrison (NEW YORK MINUTE) used her whip with more than a wrist flicking motion in the home straight”.
Ms Harrison signed the Information stating she admitted the breach and that she was conversant with the Rule.
Mr T Mitchell was assisting Ms Harrison at the hearing of the Information.
Rule 869 provides as follows:
(3.1) A driver may only apply the whip in a wrist only flicking motion whilst holding a rein in each hand with the tip of the whip pointed forward in an action which does not engage the shoulder.
(3.3) A driver shall not use a whip in an unapproved manner.
(3.4) For the purposes clause 3.3 a driver shall be deemed to have used the whip in an unapproved manner in the following circumstances which are not exclusive:
(3.4.1) If the whip is applied other than as permitted in clause 3.1.
Mr Mulcay used the Race video to identify Ms Harrison driving (9) NEW YORK MINUTE, racing behind the leader entering the home straight. Mr Mulcay let the video run to the last 50 metres where he said the offending took place. He pointed to Ms Harrison striking her horse on a few occasions using more than a wrist flicking motion. Mr Mulcay said it is obvious on the film Ms Harrison is engaging her elbow fully which is in breach of the Whip Regulations.
Ms Harrison said she was trying hard to win the race and admitted she held her hands too high and that it wasn’t a good look.
Mr Mitchell agreed Ms Harrison had got it wrong and was just over the Guidelines.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Ms Harrison admitted the breach the charge was found proved.
sumissionsforpenalty:
Mr Mulcay said the Stewards viewed this breach at the low range of the Regulations as Ms Harrison’s offending has been for a short period, under 50 metres.
Mr Mulcay said the new Penalty Guidelines for a low range breach is a fine. He said Ms Harrison has a clear record under this Rule but was warned for her whip action on 29 December 2020 and thus this Information has been presented.
Ms Harrison and Mr Mitchell chose not to make any submissions on penalty.
reasonsforpenalty:
The JCA Penalty Guide provides in stage 2 (November 1 onwards) for a low-level breach may be dealt with by a warning. If a warning is not considered appropriate, the Stewards will be seeking a fine. Low-level is defined as when a driver inadvertently reverts to the old style (free hand, loose reining and/or more than a flicking motion) but promptly takes corrective steps to return to the compliant style. Penalty range $200 - $400 (first offence).
The Committee believes this breach falls within this level. Ms Harrison is a successful Junior Driver and breached the Regulations for a short period but needs to address her technique.
The Committee in considering these factors find a $200 fine as an appropriate penalty in this case.
penalty:
Accordingly, Ms Harrison is fined $200.
hearing_type: Hearing
Rules: 869(2) and Ship Regulations
Informant: Mr S Mulcay - Senior Stipendiary Steward
JockeysandTrainer: Ms A Harrison - Junior Driver
Otherperson: Mr T Mitchell - Open Driver assisting Ms Harrison, Mr A Dooley - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: e4d6a8bfbb2851a3869945d24d152c83
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 8
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 26efd507c8c6010e9022b48199fdf016
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/01/2021
meet_title: Harness Racing Waikato - 8 January 2021
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: harness-racing-waikato
meet_racingtype: harness-racing
meet_chair: DAnderson
meet_pm1: AGodsalve
meet_pm2: none
name: Harness Racing Waikato