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NZ Metropolitan TC 30 November 2018 - R 4 - Chair, Mr D Jackson

Created on 03 December 2018

Rules:
869(2)(a)
Committee:
DJackson (chair)
SChing
Name(s):
Ms K Butt - Junior Driver
Informant
Mr N Ydgren - Chief Stipendiary Steward
Information Number
A4249
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Ms Butt admits an Information laid by Chief Stipendiary Steward, Mr N Ydgren, alleging that during Race 4 of this meeting she used her whip excessively over the concluding stages of the race when driving DIDJABRINGTHEBEERS.

This is a breach of Rule 869(2), which provides 'No horseman shall during any race use his whip in an unnecessary, excessive, or improper manner'.

The Use of Whip Guidelines (effective 1 November 2017) provides (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 Butt countersigned the information admitting the charge and confirmed same when she appeared before the Committee.

Through video evidence Mr Ydgren showed Ms Butt strike her drive with the whip 13 times during its run down the home straight to the finish. DIDJABRINGTHEBEERS won the race.

Decision:

In light of Ms Butt’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.

Submission For Penalty:

Mr Ydgren informed the Committee that Ms Butt admitted a breach of this Rule on 19 July 2018. That is within the six-month clean slate window which operates for breaches of this Rule. Accordingly, he submitted that she should be suspended for a period of three days in accordance with the JCA Penalty Guidelines.

Ms Butt sought a deferment so that she could drive at both Forbury Park and Addington in the next seven days. Mr Ydgren did not oppose deferment. She agreed to a suspension of three days.

Reasons For Penalty:

Ms Butt’s earlier breach of this Rule means that as per the JCA Penalty Guidelines she faces a starting point suspension of three to five days. The breach is mid-range in terms of culpability. There are no mitigating or aggravating factors.

Penalty:

Accordingly, Ms Butt is suspended for three days from the conclusion of racing on 7 December 2018 up to the conclusion of racing on 14 December 2018.

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