Archive Decision

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Waikato/BOP HI 28 January 2018 – R 6 – Chair, Mr A Godsalve

ID: JCA17440

Applicant:
Mr S Mulcay - Senior Stipendiary Steward

Respondent(s):
Ms A Matthews, Open Horsewoman

Information Number:
A7024

Hearing Type:
Hearing

New Charge:
Excess use of whip

Rules:
Rule 869(2)

Plea:
admitted

Meet Title:
Harness Racing Waikato - 28 January 2018

Meet Chair:
AGodsalve

Meet Committee Member 1:
ADooley

Race Date:
2018/01/28

Race Number:
R6

Decision:

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

Penalty:

Accordingly we imposed a fine of $200 on Ms Matthews.

Facts:

Following the running of Race 6, the LASER PLUMBING & HEATING TE PUKE MOBILE PACE 1950m, an Information was produced alleging that Open Horsewoman Ms A Matthews used her whip excessively inside the final 400 metres.

Ms Matthews 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) provides 'No horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.'

The Regulations provide that '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.'

Using the available film, Mr Mulcay identified the horse MRS ZIPPY, driven by Ms Matthews, as the field passed the 400 metres mark. From that point until the finish, Ms Matthews struck the horse 13 times with her whip. Mr Mulcay added that the horse had finished in 4th place, and that the strikes were not particularly forceful. They were, however, in excess of the Rule and Regulations.

Submissions for Penalty:

Mr Mulcay referred to the Sliding Scale introduced on 30 November 2017. He stated that Ms Matthews had no prior breaches of the Rule, and that the scale called for a fine of $200 where 11-13 strikes were involved. He stated that the strikes were at the lower end of the scale.

Reasons for Penalty:

We confirmed that Ms Matthews did not have any prior breaches of this Rule, and that the Scale provided for a fine of $200 where 11-13 strikes were involved. We did not find any aggravating features which would make us consider an uplift on that starting point.

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: e3bf0b56361ae2c1097fd0508d269238


informantnumber: A7024


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excess use of whip


plea: admitted


penaltyrequired: 1


decisiondate: 28/01/2018


hearing_title: Waikato/BOP HI 28 January 2018 - R 6 - Chair, Mr A Godsalve


charge:


facts:

Following the running of Race 6, the LASER PLUMBING & HEATING TE PUKE MOBILE PACE 1950m, an Information was produced alleging that Open Horsewoman Ms A Matthews used her whip excessively inside the final 400 metres.

Ms Matthews 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) provides 'No horseman shall during any race use a whip in a manner in contravention of the Use of Whip Regulations made by the Board.'

The Regulations provide that '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.'

Using the available film, Mr Mulcay identified the horse MRS ZIPPY, driven by Ms Matthews, as the field passed the 400 metres mark. From that point until the finish, Ms Matthews struck the horse 13 times with her whip. Mr Mulcay added that the horse had finished in 4th place, and that the strikes were not particularly forceful. They were, however, in excess of the Rule and Regulations.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Mulcay referred to the Sliding Scale introduced on 30 November 2017. He stated that Ms Matthews had no prior breaches of the Rule, and that the scale called for a fine of $200 where 11-13 strikes were involved. He stated that the strikes were at the lower end of the scale.


reasonsforpenalty:

We confirmed that Ms Matthews did not have any prior breaches of this Rule, and that the Scale provided for a fine of $200 where 11-13 strikes were involved. We did not find any aggravating features which would make us consider an uplift on that starting point.


penalty:

Accordingly we imposed a fine of $200 on Ms Matthews.


hearing_type: Hearing


Rules: Rule 869(2)


Informant: Mr S Mulcay - Senior Stipendiary Steward


JockeysandTrainer: Ms A Matthews, Open Horsewoman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 3420ca852e578784f2f90190d190055e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5128a7ca0ea58382c187a779e586f0a2


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 28/01/2018


meet_title: Harness Racing Waikato - 28 January 2018


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