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Methven TC 2 December 2018 - R 2 - Chair, Mr D Anderson

Created on 03 December 2018

Rules:
869(2)
Committee:
DAnderson (chair)
SChing
Name(s):
MS K Cox - Open Horsewoman
Mr S Renault - Stipendiary Steward
Informant
Mr R Quirk - Stipendiary Steward
Information Number
A10889
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Following the running of Race 2 the “Ray Mayne Hose & Fitting Mobile Pace”, an Information was filed by Stipendiary Steward, Mr R Quirk alleging a breach of Rule 869(2) by Open Driver, Ms K Cox. The information alleged, You used your whip on more occasions than permitted by Clause (b) of the Use Of Whip Regulations.

Ms Cox signed the information stating she admitted the breach and expressed to the Committee she had a clear understanding of the Rule.

Rule 869 provides as follows:

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

The Use of Whip Regulation (effective from 30 November 2017) provide:

(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.

Mr Quirke used the race video, with the assistance of Mr Renault, to identify Ms Cox driving (2) DEMETER, racing three back on the rail entering the home straight. Ms Cox angled out from her position and used her whip 11 times in the run to the finishing post.

Ms Cox agreed with the count of 11 strikes as did the Committee.

Decision:

As Ms Cox admitted the breach the charge was found proved.

Submission For Penalty:

Mr Quirke said Ms Cox had one previous breach of this rule on 31 August 2018 at Addington where she incurred a 3-day suspension. He said the Stewards were seeking a four-day suspension on this occasion.

He informed the Committee that Ms Cox had confirmed drives at Akaroa on the 9th of December and she would seek a deferment of any suspension until after that meeting.

Ms Cox asked the Committee to consider that in today’s race she only held third placing by a margin of a nose. She also drew attention to the fact her three breaches this year have all been for 11 strikes.

Reasons For Penalty:

The JCA Penalty Guide provides a starting point of a 3-5-day suspension for a second or subsequent breach of the rule within a 6-month period.

The Committee considered this breach to be low level as was the previous one in August. Considering this factor, we regard Ms Cox’s record as neutral. We also reflected on her submissions, which we found were relevant, and in light of this we determined that a 3-day suspension is appropriate in this instance.

Penalty:

The Committee grants a deferment to Ms Cox’s suspension pursuant to Rule 1106(2).

Accordingly, Ms Cox’s licence is suspended from the conclusion of racing on the 9th December up to and including racing on 19th December 2018.

Meetings encompassed in this suspension are:

Addington - 14 December
Rangiora - 16 December
Forbury Park - 19 December
 

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