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02 Feb 2020
Kapiti-Coast-Hrc - R2

Kapiti Coast HRC 2 February 2020 - R 2 - Chair, Mr T Utikere

Created on 12 February 2020

Committee:
TUtikere (chair)
NMoffatt
Name(s):
Ms N Chilcott - Licensed Horsewoman
Informant
Mr S Mulcay - Stipendiary Steward
Information Number
A11702
Plea:
Admitted
Charge:
Contravention of the Use of the Whip Regulations
Evidence:

Following the running of Race 2 (THE ANCHORAGE @ WAITARERE BEACH NZ MOBILE PACE 2000m) Information A11702 was filed with the Judicial Committee. It alleged a breach of Rule 869(2) in that Ms Chilcott "...used her whip on more occasions than permitted under Clause (b) of the Use of Whip Regulations inside the final 400m". Ms Chilcott acknowledged that she understood the Rule and Regulations and that she admitted the breach.

Rule 869(2) states: "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."

Using the side-on film Mr Mulcay identified MAC’S TOMADO as the lead horse approaching the 400 metres. Ms Chilcott had then activated the gear and moved to driving with a free hand. Mr Mulcay submitted that she had struck her horse 12 times. Further, he pointed out that unfortunately Ms Chilcott may have been caught out by the 400m straight.

Ms Chilcott said the films were clear in that she struck her horse on 12 occasions. 

Decision:

As the charge was admitted, the Committee proceed on the basis that it is proved.

Submission For Penalty:

Mr Mulcay identified that the Respondent had a clear record under the rule. He submitted the breach as one that sat at the low-end.

When invited to make submissions, Mr Chilcott advised the Committee that she had never had a fine for a whip breach before and had nothing further to add. 

Reasons For Penalty:

The side-on film establishes that Ms Chilcott struck her horse 12 times over the concluding 400 metres of the race. This number is outside the number permitted under the Use of Whip Regulations. The JCA Penalty Guide identifies a starting point for a breach of this nature as a $200 fine. The Committee notes the Respondent's early admission and that this is her first breach of the Rule; it considers a mitigation inclusive fine as identified in the Penalty Guide's sliding scale as appropriate. 

Penalty:

Ms Chilcott is fined $200.

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