Forbury Park TC 3 October 2013 – R 11
ID: JCA11030
Meet Title:
Forbury Park TC - 3 October 2013
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2013/10/03
Race Number:
R 11
Decision:
Mr Shirley admitted the breach, which we thus find proved.
Penalty:
After also taking into account the respondent’s admission of the breach and his clear record, we impose a fine of $200 and remind him of his professional obligations.
Charge:
Excessive use of the whip.
Facts:
Mr Renault, Stipendiary Steward, alleged that Mr Shirley, the driver of CONROCK, which finished 2nd in race 11, the Bidvest trot, used his whip excessively in the run home.
Rule 869(2)(a) provides: “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”
Submissions for Decision:
Mr Renault demonstrated on the videos that the respondent used the whip some 24 to 25 times after straightening for home. He stated he was concerned about the continuous nature of the respondent’s whip action. The strikes were not the most forceful but they were repetitive.
Mr Shirley stated that he understood the rule and accepted he was in breach of it. He believed he had only hit the horse some 3 times and that the remainder of the strikes were to the dust cover. However, he acknowledged when questioned by the Committee, that he knew strikes to the shaft or to the horse were caught by the rule. He added he had not quite got a cart into passing lane, when in the trail, as the leading horse had tired, and he had to get a quick response from CONROCK to make the most of the passing lane run. He emphasised there was only a narrow margin between 1st and 2nd.
Submissions for Penalty:
Mr Renault asked for a fine at the lower end of the range. He produced the respondent’s record, which was clear under this rule for the past 2 seasons.
Mr Shirley said he did not drive often. This was his 1st drive this season and he had only had 2 drives last season. His lifetime tally was 859 drives. He said had got excited as he knew the horse was travelling well and had a chance to win the race. He said he was sure most of the strikes were not to the horse as CONROCK did not like being hit with the whip and would not give of its best in those circumstances.
Reasons for Penalty:
We believe that Mr Renault’s estimation of 24 to 25 strikes is generous. Mr Shirley’s whip action as CONROCK progresses up the passing lane is continuous and very repetitive. The fact that CONROCK finished a close 2nd is no excuse for Mr Shirley being in breach of the rule. That some of the strikes were to the cover is a matter we take into account in determining the breach to be at the lower end of the scale.
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: 113a78bd9354d5f98cf3287fe0a77488
informantnumber: A1837
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 20/09/2013
hearing_title: Forbury Park TC 3 October 2013 - R 11
charge:
Excessive use of the whip.
facts:
Mr Renault, Stipendiary Steward, alleged that Mr Shirley, the driver of CONROCK, which finished 2nd in race 11, the Bidvest trot, used his whip excessively in the run home.
Rule 869(2)(a) provides: “No horseman shall during any race use his whip in an unnecessary, excessive or improper manner.”
appealdecision:
isappeal:
submissionsfordecision:
Mr Renault demonstrated on the videos that the respondent used the whip some 24 to 25 times after straightening for home. He stated he was concerned about the continuous nature of the respondent’s whip action. The strikes were not the most forceful but they were repetitive.
Mr Shirley stated that he understood the rule and accepted he was in breach of it. He believed he had only hit the horse some 3 times and that the remainder of the strikes were to the dust cover. However, he acknowledged when questioned by the Committee, that he knew strikes to the shaft or to the horse were caught by the rule. He added he had not quite got a cart into passing lane, when in the trail, as the leading horse had tired, and he had to get a quick response from CONROCK to make the most of the passing lane run. He emphasised there was only a narrow margin between 1st and 2nd.
reasonsfordecision:
Decision:
Mr Shirley admitted the breach, which we thus find proved.
sumissionsforpenalty:
Mr Renault asked for a fine at the lower end of the range. He produced the respondent’s record, which was clear under this rule for the past 2 seasons.
Mr Shirley said he did not drive often. This was his 1st drive this season and he had only had 2 drives last season. His lifetime tally was 859 drives. He said had got excited as he knew the horse was travelling well and had a chance to win the race. He said he was sure most of the strikes were not to the horse as CONROCK did not like being hit with the whip and would not give of its best in those circumstances.
reasonsforpenalty:
We believe that Mr Renault’s estimation of 24 to 25 strikes is generous. Mr Shirley’s whip action as CONROCK progresses up the passing lane is continuous and very repetitive. The fact that CONROCK finished a close 2nd is no excuse for Mr Shirley being in breach of the rule. That some of the strikes were to the cover is a matter we take into account in determining the breach to be at the lower end of the scale.
penalty:
After also taking into account the respondent’s admission of the breach and his clear record, we impose a fine of $200 and remind him of his professional obligations.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr M Shirley - Open Horseman and Driver of CONROCK
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 34d8d42374f016ccdd5682e898f5b943
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 11
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1c2a04f96865ea793f87684753585d20
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 03/10/2013
meet_title: Forbury Park TC - 3 October 2013
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Forbury Park TC