Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Riverton TC 20 October 2019 – R 6 – Chair, Prof G Hall

ID: JCA16493

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr M Shirley - Licensed Open Driver

Other Person:
Mr V Munro - Stipendiary Steward

Information Number:
A9843

Hearing Type:
Hearing

New Charge:
Contravention of the Use of the Whip Regulations

Rules:
869(2) and Use of the Whip Regulations

Plea:
admitted

Meet Title:
Riverton TC - 20 October 2019

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2019/10/20

Race Number:
R 6

Decision:

As Mr Shirley has admitted the breach, it is found to be proved.

Penalty:

Mr Shirley is fined the sum of $200.

Facts:

Mr Ydgren alleged that Mr M Shirley, the driver of RYDGEMONT MILLY in race 6, used his whip on more occasions than is permitted by the Use of the Whip Regulations. This is a breach of r 869(2).

Mr Munro, Stipendiary Steward, identified RYDGEMONT MILLY on the race films. Mr Ydgren demonstrated that the respondent, who was racing 4 back on the pylons at the 400 metres, used his whip 13 times to the winning post. The horse finished fourth. There were some taps and slaps which did not form part of the count.

Mr Shirley accepted there were 13 strikes. He said he was not counting and was busy checking on his finishing position.

Submissions for Penalty:

Mr Ydgren produced Mr Shirley’s record. This was Mr Shirley’s first drive this season. He had 4 drives the season before last and prior to that time he had not driven since the 2015 season. His record is clear under this rule.

Reasons for Penalty:

The breach is low-range. The Penalty Guide provides a penalty for a first breach of $200 in these circumstances. There are no aggravating factors. Mr Shirley admitted the breach and was co-operative with the Stewards.

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: bbbad614f81d52e23bc63ee135910723


informantnumber: A9843


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of the Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 21/10/2019


hearing_title: Riverton TC 20 October 2019 - R 6 - Chair, Prof G Hall


charge:


facts:

Mr Ydgren alleged that Mr M Shirley, the driver of RYDGEMONT MILLY in race 6, used his whip on more occasions than is permitted by the Use of the Whip Regulations. This is a breach of r 869(2).

Mr Munro, Stipendiary Steward, identified RYDGEMONT MILLY on the race films. Mr Ydgren demonstrated that the respondent, who was racing 4 back on the pylons at the 400 metres, used his whip 13 times to the winning post. The horse finished fourth. There were some taps and slaps which did not form part of the count.

Mr Shirley accepted there were 13 strikes. He said he was not counting and was busy checking on his finishing position.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Shirley has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Ydgren produced Mr Shirley’s record. This was Mr Shirley’s first drive this season. He had 4 drives the season before last and prior to that time he had not driven since the 2015 season. His record is clear under this rule.


reasonsforpenalty:

The breach is low-range. The Penalty Guide provides a penalty for a first breach of $200 in these circumstances. There are no aggravating factors. Mr Shirley admitted the breach and was co-operative with the Stewards.


penalty:

Mr Shirley is fined the sum of $200.


hearing_type: Hearing


Rules: 869(2) and Use of the Whip Regulations


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr M Shirley - Licensed Open Driver


Otherperson: Mr V Munro - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: db1a538d57e6f6bdeb277c248d6694c4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 70cd25025c0769e4faee936ef26b5cbf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/10/2019


meet_title: Riverton TC - 20 October 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: riverton-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Riverton TC