Invercargill HRC – 25 January 2010 – Race 7
ID: JCA20275
Hearing Type (Code):
harness-racing
Meet Title:
Invercargill HRC - 25 January 2010
Race Date:
2010/01/25
Race Number:
Race 7
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 67436
Meeting Invercargill Harness Racing Club
Date 25 January 2010
Judicial Committee Chairman : N D Skelt Panel Member : D J Steel
Race 7
Rule 869 (2) (a)
Plea Admitted
Informant : Mr P T Knowles, Stipendiary Steward
Defendant : Mr B R Shirley
Witness : Mr C J Allison, Stipendiary Steward
This matter related to a deferred information # 67436 laid by Stipendiary Steward Mr P T Knowles under Rule 869 (2) (a), Excessive Use of the Whip, alleging horseman Mr B R Shirley used his whip excessively from the 500 metres to the finish in Race 7 at the Invercargill Harness meeting on Monday 25th January 2010.
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 67436
Meeting Invercargill Harness Racing Club
Date 25 January 2010
Judicial Committee Chairman : N D Skelt Panel Member : D J Steel
Race 7
Rule 869 (2) (a)
Plea Admitted
Informant : Mr P T Knowles, Stipendiary Steward
Defendant : Mr B R Shirley
Witness : Mr C J Allison, Stipendiary Steward
This matter related to a deferred information # 67436 laid by Stipendiary Steward Mr P T Knowles under Rule 869 (2) (a), Excessive Use of the Whip, alleging horseman Mr B R Shirley used his whip excessively from the 500 metres to the finish in Race 7 at the Invercargill Harness meeting on Monday 25th January 2010.
--Mr Shirley admitted the breach and was present at the hearing.
--Rule 869 (2) (a) reads : “No horseman shall during any race use his whip in an excessive manner”.
--Mr Knowles asked Mr Allison to show video footage of the incident. This showed Mr Shirley coming out of the one /one racing position at about the 500 metre mark, driving horse NORHAM FELLA. Mr Shirley is observed to strike his horse with the whip on at least 30 occasions from that point to the winning post. Mr Knowles conceded Mr Shirley varied the manner in which he struck his horse, using a number of backhand strikes in the home straight.
--Mr Shirley did not contest the number of times he had hit his horse. Mr Shirley stated that his horse, NORHAM FELLA, was a lazy horse and kept giving each time he was hit.
--The Committee asked for submissions on penalty.
--Mr Knowles believed that this was a breach at the high end and that he would be seeking a suspension or a combination of suspension and fine. Mr Knowles produced a copy of the official Harness Racing NZ’s race driving record relating to Mr Shirley, dating back to 10/10/1992.
--The Committee clarified at this point with both parties that the record as it related to the previous 12 months would be taken into consideration when assessing penalty.
--Mr Knowles further submitted that any penalty imposed had to be kept in perspective to penalties for more serious breaches. Mr Knowles conceded that Mr Shirley had made a genuine attempt to change his whip action over time, and that on this occasion the breach had no effect on the outcome of the race.
--Mr Shirley submitted that he normally had between 5 – 6 raceday drives at every meeting in Otago / Southland, and that racing was his livelihood.
--DECISION AND REASON
The Committee was satisfied a breach of the Rule had occurred and the charge was found proven.
In fixing penalty, the Committee took into account :
- Mr Knowles’ submissions, both in relation to the seriousness of this breach and Mr Shirley’s previous record.
- Mr Knowles drew the attention of the Committee to penalties imposed for more serious driving charges.
- Mr Shirley’s early admission of the breach.
- Penalty Guidelines for breaches under this Rule, in conjunction with Mr Shirley’s record over the past 12 months – (1) $350 fine for similar breach on 6/3/2009, (2) 3 day suspension on 24/5/2009 again for a similar breach.
The Committee was satisfied that, in fixing penalty, a suspension plus a fine was appropriate, given Mr Shirley’s driving record under this Rule over the past 12 months. The breach was considered to be at the high end and a significant deterrent was necessary.
--The Committee suspended Mr Shirley’s horseman’s licence from the conclusion of racing on 29 January 2010 up to and including the end of racing on 14 February 2010. In addition, Mr Shirley is also fined the sum of $450.00.
--The Committee also reminded Mr Shirley of his professional obligations under the Rules of Racing.
--N D Skelt D J Steel
Chair Committee member
67436
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: 5772ca6991ebfabad000f3934673c794
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 25/01/2010
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Invercargill HRC - 25 January 2010 - Race 7
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 67436
Meeting Invercargill Harness Racing Club
Date 25 January 2010
Judicial Committee Chairman : N D Skelt Panel Member : D J Steel
Race 7
Rule 869 (2) (a)
Plea Admitted
Informant : Mr P T Knowles, Stipendiary Steward
Defendant : Mr B R Shirley
Witness : Mr C J Allison, Stipendiary Steward
This matter related to a deferred information # 67436 laid by Stipendiary Steward Mr P T Knowles under Rule 869 (2) (a), Excessive Use of the Whip, alleging horseman Mr B R Shirley used his whip excessively from the 500 metres to the finish in Race 7 at the Invercargill Harness meeting on Monday 25th January 2010.
RACEDAY JUDICIAL COMMITTEE DECISION
--Information No. 67436
Meeting Invercargill Harness Racing Club
Date 25 January 2010
Judicial Committee Chairman : N D Skelt Panel Member : D J Steel
Race 7
Rule 869 (2) (a)
Plea Admitted
Informant : Mr P T Knowles, Stipendiary Steward
Defendant : Mr B R Shirley
Witness : Mr C J Allison, Stipendiary Steward
This matter related to a deferred information # 67436 laid by Stipendiary Steward Mr P T Knowles under Rule 869 (2) (a), Excessive Use of the Whip, alleging horseman Mr B R Shirley used his whip excessively from the 500 metres to the finish in Race 7 at the Invercargill Harness meeting on Monday 25th January 2010.
--Mr Shirley admitted the breach and was present at the hearing.
--Rule 869 (2) (a) reads : “No horseman shall during any race use his whip in an excessive manner”.
--Mr Knowles asked Mr Allison to show video footage of the incident. This showed Mr Shirley coming out of the one /one racing position at about the 500 metre mark, driving horse NORHAM FELLA. Mr Shirley is observed to strike his horse with the whip on at least 30 occasions from that point to the winning post. Mr Knowles conceded Mr Shirley varied the manner in which he struck his horse, using a number of backhand strikes in the home straight.
--Mr Shirley did not contest the number of times he had hit his horse. Mr Shirley stated that his horse, NORHAM FELLA, was a lazy horse and kept giving each time he was hit.
--The Committee asked for submissions on penalty.
--Mr Knowles believed that this was a breach at the high end and that he would be seeking a suspension or a combination of suspension and fine. Mr Knowles produced a copy of the official Harness Racing NZ’s race driving record relating to Mr Shirley, dating back to 10/10/1992.
--The Committee clarified at this point with both parties that the record as it related to the previous 12 months would be taken into consideration when assessing penalty.
--Mr Knowles further submitted that any penalty imposed had to be kept in perspective to penalties for more serious breaches. Mr Knowles conceded that Mr Shirley had made a genuine attempt to change his whip action over time, and that on this occasion the breach had no effect on the outcome of the race.
--Mr Shirley submitted that he normally had between 5 – 6 raceday drives at every meeting in Otago / Southland, and that racing was his livelihood.
--DECISION AND REASON
The Committee was satisfied a breach of the Rule had occurred and the charge was found proven.
In fixing penalty, the Committee took into account :
- Mr Knowles’ submissions, both in relation to the seriousness of this breach and Mr Shirley’s previous record.
- Mr Knowles drew the attention of the Committee to penalties imposed for more serious driving charges.
- Mr Shirley’s early admission of the breach.
- Penalty Guidelines for breaches under this Rule, in conjunction with Mr Shirley’s record over the past 12 months – (1) $350 fine for similar breach on 6/3/2009, (2) 3 day suspension on 24/5/2009 again for a similar breach.
The Committee was satisfied that, in fixing penalty, a suspension plus a fine was appropriate, given Mr Shirley’s driving record under this Rule over the past 12 months. The breach was considered to be at the high end and a significant deterrent was necessary.
--The Committee suspended Mr Shirley’s horseman’s licence from the conclusion of racing on 29 January 2010 up to and including the end of racing on 14 February 2010. In addition, Mr Shirley is also fined the sum of $450.00.
--The Committee also reminded Mr Shirley of his professional obligations under the Rules of Racing.
--N D Skelt D J Steel
Chair Committee member
67436
sumissionsforpenalty:
reasonsforpenalty:
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hearing_type: Old Hearing
Rules: 869.2.a
Informant:
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Respondent:
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raceid: 3729dee8b3f1e8d1a60eea237d8cb4a7
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race_title: Race 7
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meetdate: 25/01/2010
meet_title: Invercargill HRC - 25 January 2010
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meet_racingtype: harness-racing
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name: Invercargill HRC