Paeroa RC - 28 July 2010 - R 7

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr M Williamson

Defendant:  Mrs L Satherley

Information No: 7538

Meeting:  Paeroa Racing Club

Date:  28 July 2010

Venue:  Paeroa

Race:  7

Rule No:  638 (3) (b)

Judicial Committee:  R Seabrook, Chairman - B Tims, Committee Member 

Plea: Admitted

CHARGES:

Following race 7 Mr Williamson filed an Information pursuant to rule 638 (3) (b).  He alleged that Mrs Satherley used her whip in a manner which was excessive.

FACTS:

Mr Coles demonstrated the video films which showed HEADING NORTH (L Satherley) racing in second place when approaching the 600metre mark.  He pointed out to the Committee Mrs Satherley striking her mount approximately 17 times before the 200 metres without giving the required six strides respite.  Mr Coles conceded that Mrs Satherley did give respite for 2 to 3 strides but not the necessary 6.

SUBMISSION(s):

Mrs Satherley said that while admitting the charge she thought she had given the required respite but on seeing the film admitted she hadn’t.  However she said she did not just hit her mount continuously but gave some respite.

SUBMISSION(s) ON PENALTY:

Mr Williamson said Mrs Satherley had been quite frank with the stewards, had pleaded guilty and this was her first whip charge.  However he said on this occasion Mrs Satherley’s actions were outside the whip guidelines but believed that the breach was at the low end of carelessness.  He submitted a fine of $150 to $200 would be appropriate.

Mrs Satherley asked the Committee for leniency.

REASON(s):

The Committee considered all the evidence and submissions before imposing an appropriate penalty.  Mitigating factors are Mrs Satherley’s guilty plea, this was her first whip charge and she did give some respite to her mount.  Another factor in her favour was that HEADING NORTH was racing near the lead and responding to the whip.  However it was clearly evident her actions were in excess of the guidelines. 

PENALTY:

Accordingly after taking all the above factors into account we find Mrs Satherley’s actions were at the low end of carelessness and therefore impose a fine of $150.

Richard Seabrook                    B Tims

Chair                                       Committee Member

7538