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Methven TC 13 September 2020 - R 11 - Chair, Mr S Ching

Created on 15 September 2020

Committee:
SChing (chair)
Name(s):
K Butt-Licensed Open Driver
Informant
S Renault- Stipendiary Steward
Information Number
A13212
Plea:
Admitted
Charge:
Contravention of the Use of the Whip Regulations
Evidence:

Following the running of Race 11, the Papanui Club Handicap Pace, an Information was filed by Stipendiary Steward, Mr S Renault against Licensed Open Driver, Miss K Butt, alleging a breach of Rule 869(2) in that he 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.

Miss Butt had endorsed the Information that the breach was admitted which she confirmed at the hearing. Miss Butt also acknowledged that she understood the provisions of the charge and the rule it was brought under.

Mr Renault gave evidence and showed video replays of the run home. He pointed out Miss Butt, driving THE MAROON MARAUDER, positioned 3 wide and in contention as the field passed the 400m. Inside the 400m Miss Butt drew the whip and used it on 12 occasions prior to the finish line. Mr Renault stated that MAROON MARAUDER got up to win the race by ¾ of a length.

Miss Butt did not dispute the number of strikes.

Decision:

As Miss Butt 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 Miss Butt’s driving statistics showed 17 drives so far this season with 191 drives recorded for last season. He added that Miss Butt had a clear record over the previous 6 months, and this offence therefore could be treated was a first breach on the penalty scale. Mr Renault stated that the JCA Penalty Guide provides for a $200 fine on the sliding scale for a first offence breach of this rule for 11 to 13 strikes. He stated that Miss Butt had got up to win the race which he submitted was an aggravating factor to consider. Mr Renault stated that he would leave it up to the Committee to determine the level of uplift.

Miss Butt elected to make no submissions in regard to penalty.

Reasons For Penalty:

The JCA Penalty Guide provides a $200 fine, mitigation inclusive, on the sliding scale for a first offence of this rule where the strikes are 11 to 13. We deemed that there was a strong aggravating factor to consider, being that Miss Butt had got up to win the race. We therefore determined that an uplift was warranted, with this uplift being $100.

Penalty:

Accordingly, Miss Butt is fined the sum of $300.

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