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.

Invercargill HRC 20 June 2020 R 10 – (adjourned hearing heard 27 June 2020 at Invercargill – Chair, Mr P Knowles

ID: JCA12886

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

Information Number:
A12728

Hearing Type:
Hearing

New Charge:
Contravention of the Use of Whip Regulations

Rules:
869(2) and Use of Whip Regulations

Plea:
admitted

Meet Title:
Invercargill HRC - 20 June 2020

Meet Chair:
PKnowles

Race Date:
2020/06/20

Race Number:
R 10

Decision:

Mr Shirley admitted the breach and it is found proved.

Penalty:

Mr Shirley is fined $200.

Facts:

Mr Shirley was charged with a breach of r 869(2)(b) – excessive use of the whip, at the Invercargill HRC meeting on the 20th June 2020. The Information was adjourned sine die and heard prior to the start of this meeting.

Mr Shirley admitted the breach and appeared at the hearing.

Mr Munro stated that Mr Shirley was the driver of BUCK in race 10. Following the race he lodged an Information alleging Mr Shirley was in breach of r 869(2)(b) and also 869(2)(e). Prior to the hearing Mr Munro withdrew the alleged breach of r 869(2)(e).

Mr Munro, with the aid of the video replays, stated Mr Shirley was trailing three back on the pole line. He was seen to use his whip 11 times from about the 200 metres until the finish line.

Mr Shirley stated an outside runner shifted inwards nearing the finish line and the last two strikes was to maintain his position.

Submissions for Penalty:

Mr Munro said Mr Shirley had 3118 lifetime drives, but only 7 this season. He was driving more of his own trained horses since racing re-started in late May. He had two previous breaches of the Whip Regulations in February this year. This was his first charge under this Rule on raceday. He sought a fine of $200 at the lower end of the scale.

Mr Shirley stated he was driving more to try and earn extra income. He preferred a fine as opposed to a suspension.

Reasons for Penalty:

Mr Shirley has a good record under this Rule. The breach was at the lower end of the scale and a fine at the lower end is appropriate.

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: 64ffa46f2e22181e6497b4595b46817b


informantnumber: A12728


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 30/06/2020


hearing_title: Invercargill HRC 20 June 2020 R 10 - (adjourned hearing heard 27 June 2020 at Invercargill - Chair, Mr P Knowles


charge:


facts:

Mr Shirley was charged with a breach of r 869(2)(b) – excessive use of the whip, at the Invercargill HRC meeting on the 20th June 2020. The Information was adjourned sine die and heard prior to the start of this meeting.

Mr Shirley admitted the breach and appeared at the hearing.

Mr Munro stated that Mr Shirley was the driver of BUCK in race 10. Following the race he lodged an Information alleging Mr Shirley was in breach of r 869(2)(b) and also 869(2)(e). Prior to the hearing Mr Munro withdrew the alleged breach of r 869(2)(e).

Mr Munro, with the aid of the video replays, stated Mr Shirley was trailing three back on the pole line. He was seen to use his whip 11 times from about the 200 metres until the finish line.

Mr Shirley stated an outside runner shifted inwards nearing the finish line and the last two strikes was to maintain his position.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Shirley admitted the breach and it is found proved.


sumissionsforpenalty:

Mr Munro said Mr Shirley had 3118 lifetime drives, but only 7 this season. He was driving more of his own trained horses since racing re-started in late May. He had two previous breaches of the Whip Regulations in February this year. This was his first charge under this Rule on raceday. He sought a fine of $200 at the lower end of the scale.

Mr Shirley stated he was driving more to try and earn extra income. He preferred a fine as opposed to a suspension.


reasonsforpenalty:

Mr Shirley has a good record under this Rule. The breach was at the lower end of the scale and a fine at the lower end is appropriate.


penalty:

Mr Shirley is fined $200.


hearing_type: Hearing


Rules: 869(2) and Use of Whip Regulations


Informant:


JockeysandTrainer: Mr B Shirley - Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: b9911aeb13b7da1f45a879723fa302a0


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 5b1f08c2172a58d171d8823755712f16


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 20/06/2020


meet_title: Invercargill HRC - 20 June 2020


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: none


meet_pm2: none


name: Invercargill HRC