Invercargill HRC 23 April 2019 – R 7 – Chair, Prof G Hall
ID: JCA16758
Meet Title:
Invercargill HRC - 23 April 2019
Meet Chair:
GHall
Race Date:
2019/04/23
Race Number:
R 7
Decision:
As Mr Shirley has admitted the breach, the breach is found to be proved.
Penalty:
Mr Shirley is fined the sum of $300.
Facts:
Following the running of Race 7, the Regent Car Court Mobile Pace, an information was filed by Stipendiary Steward, Mr Munro, alleging that Mr Shirley, the driver of SHUZI used his whip on more occasions than is permitted by the Use of the Whip regulations.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Munro demonstrated on the race films that the respondent, who was racing on the outside towards the rear of the field at the 400 metres, used his whip 14 times. There was no respite until the last 100 metres of the race when there were 3 taps to SHUZI, which the Stewards did not count.
Mr Shirley said he was using the whip with the reins in hand and had understood that this was allowed and would not bring him foul of the whip regulations. He acknowledged his error and said he would use the reins in future.
Submissions for Penalty:
Mr Munro produced Mr Shirley’s record. He said Mr Shirley drove infrequently. Mr Shirley has had 7 drives this season, 1 last season and 4 the season before. His record was clear under all rules.
Mr Shirley indicated that he intended to drive more frequently in future. He questioned whether it was possible to be suspended rather than fined.
Mr Munro opposed the imposition of a suspension, stating that the guidelines had been agreed to by the Horsemen’s Association and the recommended penalty for a first breach in this range was a $300 fine.
Reasons for Penalty:
The breach is mid-range (14 to 16 strikes). The Penalty Guide provides a penalty of $300 for a first such breach. There is no need to deviate from the “standard” penalty in the circumstances of this case.
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: dc7b87d616277607e3f32d9deefcc33b
informantnumber: A12494
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Contravention of the Use of the Whip Regulations
plea: admitted
penaltyrequired: 1
decisiondate: 26/04/2019
hearing_title: Invercargill HRC 23 April 2019 - R 7 - Chair, Prof G Hall
charge:
facts:
Following the running of Race 7, the Regent Car Court Mobile Pace, an information was filed by Stipendiary Steward, Mr Munro, alleging that Mr Shirley, the driver of SHUZI used his whip on more occasions than is permitted by the Use of the Whip regulations.
Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.
The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.
Mr Munro demonstrated on the race films that the respondent, who was racing on the outside towards the rear of the field at the 400 metres, used his whip 14 times. There was no respite until the last 100 metres of the race when there were 3 taps to SHUZI, which the Stewards did not count.
Mr Shirley said he was using the whip with the reins in hand and had understood that this was allowed and would not bring him foul of the whip regulations. He acknowledged his error and said he would use the reins in future.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Shirley has admitted the breach, the breach is found to be proved.
sumissionsforpenalty:
Mr Munro produced Mr Shirley’s record. He said Mr Shirley drove infrequently. Mr Shirley has had 7 drives this season, 1 last season and 4 the season before. His record was clear under all rules.
Mr Shirley indicated that he intended to drive more frequently in future. He questioned whether it was possible to be suspended rather than fined.
Mr Munro opposed the imposition of a suspension, stating that the guidelines had been agreed to by the Horsemen’s Association and the recommended penalty for a first breach in this range was a $300 fine.
reasonsforpenalty:
The breach is mid-range (14 to 16 strikes). The Penalty Guide provides a penalty of $300 for a first such breach. There is no need to deviate from the “standard” penalty in the circumstances of this case.
penalty:
Mr Shirley is fined the sum of $300.
hearing_type: Hearing
Rules: 869(2) and Use of the Whip Regulations
Informant: Mr V Munro - Stipendiary Steward
JockeysandTrainer: Mr B Shirley - Licensed Open Driver
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 923f8068daeefdb17e4ac6c8cce1dbf4
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 6009c9ab19a6d873edf29399d475b3e6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 23/04/2019
meet_title: Invercargill HRC - 23 April 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: invercargill-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: none
meet_pm2: none
name: Invercargill HRC