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Geraldine TC 1 February 2020 - R 6 - Chair, Mr S Ching

Created on 03 February 2020

Committee:
SChing (chair)
DAnderson
Name(s):
Ms P Wakelin - Licensed Open Driver
Informant
Mr S Renault - Stipendiary Steward
Information Number
A11249
Plea:
Admitted
Charge:
Breach of Rule 869(2) - Whip Regulation (b)
Evidence:

Following the running of Race 6, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Driver, Ms P Wakelin, alleging a breach of Rule 869(2) in that she used her whip on more occasions than permitted by Clause (b) of the Use of the Whip Regulations.

Rule 869(2) reads as follows:

869 (2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

Whip Regulation (b) reads as follows;

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Ms Wakelin had endorsed the information that the breach was admitted which she confirmed at the hearing. Ms Wakelin also acknowledged that she understood the charge and the rule it was created under.

Mr Renault gave evidence and showed video replays of the run home. He pointed out Ms Wakelin, driving RUSTY I AM, positioned midfield approaching the 200m. Mr Renault showed on the video replay, Ms Wakelin use the whip in a fore hand striking motion on 11 occasions over the concluding stages.

Ms Wakelin did not dispute the number of strikes.

Decision:

As Ms Wakelin had admitted this breach of the Rules it was found to be proved in accordance with Rule 1111(1)(d).

Submission For Penalty:

Mr Renault stated that Ms Wakelin had prior breaches of this rule within the previous six months, being on 1 December at Motukarara she received a $300 fine for a mid range breach and 8 December 2019 at Methven where she received a 3 day suspension for a low range breach. He stated that the JCA Penalty Guide provides for a 3 to 5-day suspension for a second or subsequent breach of this rule within a 6-month period. Mr Renault stated that the breach was low-level as the strikes numbered 11. He submitted that a suspension of 5 days be considered as penalty.

Ms Wakelin requested a deferment of penalty until after the Amberley meeting on 6 February.

Reasons For Penalty:

The JCA Penalty Guide provides a 3 to 5-day suspension for a second or subsequent breach of this rule within a 6-month period, mitigation inclusive. This Committee also assessed the breach as low-level with the strikes numbering 11 and therefore adopted a 3-day starting point. The aggravating factor to consider was Ms Wakelin’s record which showed 2 breaches since 1 December 2019 which we determined warrants an uplift which we set at 1 day. We therefore determined that a 4-day suspension was an appropriate penalty in this case.

Ms Wakelin’s request for a deferment until after racing 6 February is granted.

Penalty:

Accordingly, Ms Wakelin’s Licence is suspended from the conclusion of racing 6 February up to and including 20 February 2020. Relevant meetings encompassed in this period of suspension are Methven-9 February, Addington -14 February, Oamaru- 15 February and Addington 20 February 2020.

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