Archive Decision

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Riverton TC 4 November 2012 – R 4

ID: JCA13350

Applicant:
Mr C Allison, Stipendiary Steward

Respondent(s):
Mr B Shirley, Open Horseman

Information Number:
1324

Hearing Type:
Hearing

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Riverton TC - 4 November 2012

Meet Chair:
GHall

Meet Committee Member 1:
NSkelt

Race Date:
2012/11/04

Race Number:
R4

Decision:

We find the charge proved. 

Penalty:

We impose a penalty of a fine of $225 and ask Mr Allison to remind Mr Shirley of his professional obligations. 

Charge:

Mr Allison alleged that Mr B Shirley used his whip excessively over the final stages of race 4 while driving RUBY RUBY. 

Facts:

Mr Allison, stipendiary steward, demonstrated on the videos that Mr Shirley used the whip on RUBY RUBY some 21 to 22 times in the home straight. He said this was clearly excessive. 

Reasons for Decision:

Mr Shirley indicated on the information that he admitted the breach and did not wish to be present at the hearing. 

Submissions for Penalty:

Mr Allison stated that in his opinion the breach was low end with respect to the number of strikes and was mid range with respect to the force that was used. He produced the respondent’s record, which was clear under this rule for the previous 12 months. He said credit was to be given to Mr Shirley in that he had previously been in breach of the rule and had clearly heeded the warnings and penalties imposed upon him on earlier occasions.  

He submitted that a fine of $200 was appropriate.

Reasons for Penalty:

We agree that the count is 21 to 22 in the final 200 metres; the final strike is muted. Three or four of these strikes are quite forceful and for this reason we would view the breach as mid range. Credit is to given for the respondent’s heeding previous penalties by changing his whip action, and also for his ready admission of the breach. 

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

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: 662cf1d987d45247e5d8401e6aef7e4b


informantnumber: 1324


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/10/2012


hearing_title: Riverton TC 4 November 2012 - R 4


charge:

Mr Allison alleged that Mr B Shirley used his whip excessively over the final stages of race 4 while driving RUBY RUBY. 


facts:

Mr Allison, stipendiary steward, demonstrated on the videos that Mr Shirley used the whip on RUBY RUBY some 21 to 22 times in the home straight. He said this was clearly excessive. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:

Mr Shirley indicated on the information that he admitted the breach and did not wish to be present at the hearing. 


Decision:

We find the charge proved. 


sumissionsforpenalty:

Mr Allison stated that in his opinion the breach was low end with respect to the number of strikes and was mid range with respect to the force that was used. He produced the respondent’s record, which was clear under this rule for the previous 12 months. He said credit was to be given to Mr Shirley in that he had previously been in breach of the rule and had clearly heeded the warnings and penalties imposed upon him on earlier occasions.  

He submitted that a fine of $200 was appropriate.


reasonsforpenalty:

We agree that the count is 21 to 22 in the final 200 metres; the final strike is muted. Three or four of these strikes are quite forceful and for this reason we would view the breach as mid range. Credit is to given for the respondent’s heeding previous penalties by changing his whip action, and also for his ready admission of the breach. 


penalty:

We impose a penalty of a fine of $225 and ask Mr Allison to remind Mr Shirley of his professional obligations. 


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr C Allison, Stipendiary Steward


JockeysandTrainer: Mr B Shirley, Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 461e8bb661b9e051803ebd7bd32595f8


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d46983c7cb831f248e86f24078c67f5c


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 04/11/2012


meet_title: Riverton TC - 4 November 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: riverton-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: NSkelt


meet_pm2: none


name: Riverton TC