Wairio TC 25 March 2017 – R 8 – Chair, Prof G Hall
ID: JCA14049
Meet Title:
Wairio TC - 25 March 2017
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2017/03/25
Race Number:
R 8
Decision:
Ms Barclay admitted the charge. The charge is proved.
Penalty:
Ms Barclay is suspended from the conclusion of racing on 25 March 2017 until the conclusion of racing on 6 April 2017.
This is 3 days, 2 in Southland and one in Otago:
Forbury – 30 March
Invercargill — 2 April
Forbury – 6 April
We believe this 3-day suspension (7 drives) roughly equates to a fine of $350. A 2-day suspension for Ms Barclay would not in our view be sufficient to hold her accountable for her actions.
Facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Ms Barclay (LEAH MAC) used her whip excessively inside the final 400 metres of race 8, the SOUTHERN VETERINARY CENTRE SOUTHERN BELLE Mobile Pace.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Tidmarsh showed a video replay of the race. He pointed out Ms Barclay, driving LEAH MAC, hit her horse 13 times with the whip without the reins. This was inside the final 400 metres of the race.
Ms Barclay confirmed that she had hit the horse 13 times. She said there would be no marks on the horse were it to be inspected after the race.
Mr Tidmarsh said the strikes were reasonably forceful but were not over zealous.
Submissions for Penalty:
Mr Tidmarsh produced Ms Barclay’s record, which he described as “excellent”. She is not a busy Southland driver with only 57 drives last season and 43 to date this season. Mr Tidmarsh stated as this is Ms Barclay’s first breach, the starting point under the JCA guidelines is a $500 fine or a 2-day suspension.
Reasons for Penalty:
There are 13 strikes and the horse has responded to these and only faded late to finish 4th. The starting point is a 2-day suspension as in the JCA Penalty Guide or a $500 fine.
There is an obvious difficulty or anomaly with this guideline where the Committee is required to equate days and the quantum of the fine if a driver only drives irregularly. Ms Barclay fits this description. We calculate she has 3 drives per meeting in Southland and 2 when the meeting is Otago. Both parties agreed with this calculation.
The number of strikes is towards the lower end of the scale. We thus do not raise the starting point. We give credit for Ms Barclay’s early admission of the breach.
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: 9151a72f61ff50fb534a270d13dda0b1
informantnumber: A8596
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive Use of the Whip
plea: admitted
penaltyrequired: 1
decisiondate: 28/03/2017
hearing_title: Wairio TC 25 March 2017 - R 8 - Chair, Prof G Hall
charge:
facts:
Mr Tidmarsh, Stipendiary Steward, alleged that Ms Barclay (LEAH MAC) used her whip excessively inside the final 400 metres of race 8, the SOUTHERN VETERINARY CENTRE SOUTHERN BELLE Mobile Pace.
Rule 869 provides as follows:
(2) No horseman shall during any race:
(a) use his whip in an unnecessary, excessive or improper manner.
The Use of Whip Guidelines (effective from 1 December 2016) provide:
The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.
Mr Tidmarsh showed a video replay of the race. He pointed out Ms Barclay, driving LEAH MAC, hit her horse 13 times with the whip without the reins. This was inside the final 400 metres of the race.
Ms Barclay confirmed that she had hit the horse 13 times. She said there would be no marks on the horse were it to be inspected after the race.
Mr Tidmarsh said the strikes were reasonably forceful but were not over zealous.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Ms Barclay admitted the charge. The charge is proved.
sumissionsforpenalty:
Mr Tidmarsh produced Ms Barclay’s record, which he described as “excellent”. She is not a busy Southland driver with only 57 drives last season and 43 to date this season. Mr Tidmarsh stated as this is Ms Barclay’s first breach, the starting point under the JCA guidelines is a $500 fine or a 2-day suspension.
reasonsforpenalty:
There are 13 strikes and the horse has responded to these and only faded late to finish 4th. The starting point is a 2-day suspension as in the JCA Penalty Guide or a $500 fine.
There is an obvious difficulty or anomaly with this guideline where the Committee is required to equate days and the quantum of the fine if a driver only drives irregularly. Ms Barclay fits this description. We calculate she has 3 drives per meeting in Southland and 2 when the meeting is Otago. Both parties agreed with this calculation.
The number of strikes is towards the lower end of the scale. We thus do not raise the starting point. We give credit for Ms Barclay’s early admission of the breach.
penalty:
Ms Barclay is suspended from the conclusion of racing on 25 March 2017 until the conclusion of racing on 6 April 2017.
This is 3 days, 2 in Southland and one in Otago:
Forbury – 30 March
Invercargill — 2 April
Forbury – 6 April
We believe this 3-day suspension (7 drives) roughly equates to a fine of $350. A 2-day suspension for Ms Barclay would not in our view be sufficient to hold her accountable for her actions.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr L Tidmarsh - Stipendiary Steward
JockeysandTrainer: Ms Barclay - Open Horsewoman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fd3ba293679f865e995ae694cc1815d1
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: 1c95a66c276fc0720bc485f2a0917ae4
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 25/03/2017
meet_title: Wairio TC - 25 March 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wairio-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Wairio TC