Wyndham HRC 22 February 2014 – R 12
ID: JCA11323
Meet Title:
Wyndham HRC - 22 February 2014
Meet Chair:
GHall
Meet Committee Member 1:
NSkelt
Race Date:
2014/02/22
Race Number:
R12
Decision:
Mr Shirley admitted the breach. We find the breach proved. Mr Shirley indicated on the information that he did not wish to be present. He also informed Mr Davidson, stipendiary steward, that he wished the Chairman to recuse himself, on the basis that he had made erroneous findings of fact in a non-raceday matter in 2013. The Chairman declined this request and indicated the respondent’s case would be considered impartially.
Penalty:
After taking into account the respondent’s admission of the breach, that he co-operated fully with the stipendiary stewards’ inquiry, his record under this Rule the past 2 seasons, which we identify as being good, and Mr Davidson’s favourable report, we impose a fine of $200.
Facts:
Mr Allison demonstrated on the videos that the respondent, who was in a trialling position, used the whip some 24 times during the run home. He stated he was concerned about the continuous nature of the respondent’s whip action, which did not conform with the whip guidelines. A number of the strikes were backhanders and these were repetitive. He believed the majority of the strikes were to the horse and not the cart.
Mr Davidson inspected the horse at the respondent’s request and informed the Committee that there were not a large number of marks on the horse and nothing that would evidence that the horse had been hit unduly.
Submissions for Penalty:
Mr Allison produced the respondent’s record which was clear under this rule this and last season. In that time Mr Shirley had had 117 drives. He submitted that a fine at the lower end of the range was appropriate.
Reasons for Penalty:
We accept Mr Allison’s count of 24 strikes is correct. There were a number of quick-fire backhanders and the horse was given little respite. We accept the horse was in contention the whole way up the straight and that the margin between 2nd and 4th was only a head and a nose. However, this is no excuse for the breach of the rule.
JCA Decision Fields (raw)
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Data from these fields should be mapped appropriately to display amongst the standard fields above; please make note of any values below that are missing in the above standard fields but should be there.
hearingid: 243952993b064c614e0a6f842f69c821
informantnumber: 1715
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: excessive use
plea: admitted
penaltyrequired: 1
decisiondate: 23/02/2014
hearing_title: Wyndham HRC 22 February 2014 - R 12
charge:
facts:
Mr Allison demonstrated on the videos that the respondent, who was in a trialling position, used the whip some 24 times during the run home. He stated he was concerned about the continuous nature of the respondent’s whip action, which did not conform with the whip guidelines. A number of the strikes were backhanders and these were repetitive. He believed the majority of the strikes were to the horse and not the cart.
Mr Davidson inspected the horse at the respondent’s request and informed the Committee that there were not a large number of marks on the horse and nothing that would evidence that the horse had been hit unduly.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Shirley admitted the breach. We find the breach proved. Mr Shirley indicated on the information that he did not wish to be present. He also informed Mr Davidson, stipendiary steward, that he wished the Chairman to recuse himself, on the basis that he had made erroneous findings of fact in a non-raceday matter in 2013. The Chairman declined this request and indicated the respondent’s case would be considered impartially.
sumissionsforpenalty:
Mr Allison produced the respondent’s record which was clear under this rule this and last season. In that time Mr Shirley had had 117 drives. He submitted that a fine at the lower end of the range was appropriate.
reasonsforpenalty:
We accept Mr Allison’s count of 24 strikes is correct. There were a number of quick-fire backhanders and the horse was given little respite. We accept the horse was in contention the whole way up the straight and that the margin between 2nd and 4th was only a head and a nose. However, this is no excuse for the breach of the rule.
penalty:
After taking into account the respondent’s admission of the breach, that he co-operated fully with the stipendiary stewards’ inquiry, his record under this Rule the past 2 seasons, which we identify as being good, and Mr Davidson’s favourable report, we impose a fine of $200.
hearing_type: Hearing
Rules: r 869(2)(a) No horseman shall during any race use his whip in an unnecessary, excessive or improper manner
Informant: Mr C Allison, Stipendiary Steward
JockeysandTrainer: Mr B Shirley, Open Horseman, driver of BLUE EYED SUZIE
Otherperson: Mr M Davidson, Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 43f8f1effcad49207f1b2d3fde36fbb3
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R12
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: b6e37fbce0901fb4865a13bf2cf3b812
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/02/2014
meet_title: Wyndham HRC - 22 February 2014
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: NSkelt
meet_pm2: none
name: Wyndham HRC