Non Raceday Inquiry – HRNZ v B Shirley 5 June 2009 decision

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hearing_title: Non Raceday Inquiry - HRNZ v B Shirley 5 June 2009 decision

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Decision:

NON RACEDAY JUDICIAL COMMITTEE DECISION

Information No: 67419

Meeting: Winton Harness Racing Club Date: 24 May 2009

Venue: Central Southland Raceway, Winton  Race No: 9

Rule(s): 869 (2) (a)

Judicial Committee:

Chairman: R G McKenzie 

Panel Member:    N D Skelt 

   
Plea: Admitted

Appearing:

               Informant: P T Knowles, Stipendiary Steward

               Defendant: B R Shirley, Licensed Open Horseman

DECISION AND REASONS:

Following the running of Race 9, NZ Couriers Mobile Pace, at the meeting of Winton Harness Racing Club at Winton on 24 May 2009, an information was filed by Stipendiary Steward, Mr P T Knowles, against Licensed Open Horseman, Mr B R Shirley, alleging a breach of Rule 869 (2) (a) in that Mr Shirley, as the driver of GLENBURN VIEW in the Race, “used his whip excessively during the running of this race”. 

NON RACEDAY JUDICIAL COMMITTEE DECISION

Information No: 67419

Meeting: Winton Harness Racing Club Date: 24 May 2009

Venue: Central Southland Raceway, Winton  Race No: 9

Rule(s): 869 (2) (a)

Judicial Committee:

Chairman: R G McKenzie 

Panel Member:    N D Skelt    

Plea: Admitted

Appearing:

               Informant: P T Knowles, Stipendiary Steward

               Defendant: B R Shirley, Licensed Open Horseman

DECISION AND REASONS:

Following the running of Race 9, NZ Couriers Mobile Pace, at the meeting of Winton Harness Racing Club at Winton on 24 May 2009, an information was filed by Stipendiary Steward, Mr P T Knowles, against Licensed Open Horseman, Mr B R Shirley, alleging a breach of Rule 869 (2) (a) in that Mr Shirley, as the driver of GLENBURN VIEW in the Race, “used his whip excessively during the running of this race”. 

The information was filed with the Registrar on raceday and was heard at Invercargill on Friday, 5 June 2009.

Mr Shirley was present at the hearing of the information and he admitted the breach. The charge was found proved accordingly.

Mr Knowles referred the Committee to the wording of the information – “during the running of the race”. He said that there were two separate incidents of alleged use of the whip – one with approximately 1400 metres to run and the other over the final 300-400 metres of the Race.

Mr C J Allison, Stipendiary Steward, showed video replays of the Race, a mobile start event over 2400 metres. He pointed out Mr Shirley work his way to the lead on GLENBURN VIEW shortly after the start of the Race, having drawn barrier 5. He then pointed out JONI JAMES (D J Dunn) attempt to take the lead off Mr Shirley whereupon Mr Shirley used his whip 9 times, it was alleged, near the 1600 metres over a distance of approximately 100 metres before successfully holding the lead. Mr Shirley did not dispute this. Mr Knowles submitted that it was unacceptable for a driver to use his whip 9 times in attempting to hold the lead.
 

Mr Allison then showed a replay of the final 400 metres of the Race. From that point, it was alleged, Mr Shirley used his whip some 26 or 27 times in the run to the finishing line. That was accepted by Mr Shirley. The Committee noted that GLENBURN VIEW finished in 8th  placing, 2.7 lengths from the winner.

Mr Knowles stated that the Stewards took the view that the total number of strikes with the whip by Mr Shirley during the running of the Race was excessive. 

Mr Shirley explained that he wanted to keep the front and Mr Dunn was attacking hard. The mare had been unlucky a number of times and he wanted to stay in front. She is a lazy mare and, to keep her in front, he had to hit her. He was “savaged” by another runner, LORD FORBES (G R Forbes) down the back straight but that runner was stopping and he could not let it go past at that stage of the Race. He submitted that not all of the strikes were on the horse. Mr Shirley acknowledged to the Committee that he was familiar with the guidelines issued by the Stipendiary Stewards regarding use of the whip.

In relation to penalty, Mr Knowles informed the Committee that, on 6 March 2009, Mr Shirley was fined $350 for excessive use of the whip at Winton. Having regard to that previous breach and that the present breach was, he alleged, at the top end of the scale, Mr Knowles said that the Stewards were seeking a suspension of 4 weeks. Mr Shirley said that he was averaging 4-5 drives per raceday and, lately, up to 8 drives per meeting. Mr Knowles recommended a suspension for a period of 4 weeks.

Mr Shirley said that this was a “clear cut case” and he believed that it was to be dealt with at Forbury Park on 29 May. In anticipation of receiving a suspension, he did not enter horses for Ashburton on 1 June. He then received e-mail advice that the charge was to be heard at Ashburton on 30 May. On arrival at the course at Ashburton, he was informed by the Stewards that the matter would not be heard on that day. He said that he was not given any explanation. Mr Shirley referred to Rule 1109 (2) and submitted that the Judicial Committee at Ashburton should have either adjourned the hearing of the information or dismissed the information. Mr Shirley was informed by this Committee that the information had not been brought before the Judicial Committee at Ashburton.

Mr Knowles told the Committee that it was also his understanding that the charge against Mr Shirley was to have been heard at Ashburton on 30 May. He could not comment on what had happened at Ashburton.  

Mr Shirley submitted that, had he known that he was not going to receive a suspension at a hearing at Ashburton, he could have entered horses for Ashburton on 1 June and taken drives at Forbury Park on 4 June. Mr Shirley said that he believed that he had, effectively, already served 2 days’ suspension. Mr Knowles acknowledged that Mr Shirley may have been prejudiced as a result of the hearing of the charge not taking place at Ashburton and he invited the Committee to take this into account in fixing penalty. 

In determining penalty, the Committee took into account Mr Shirley’s early and frank admission of the breach. Aggravating factors were, firstly, the previous breach of the whip Rule by Mr Shirley on 6 March last and, secondly, the serious nature of the present charge. The Committee agreed with Mr Knowles that this breach was at the higher end on a scale of seriousness. In addition, the penalty needed to be one that would deter Mr Shirley from breaching the Rule in the future.

The Committee was of the view that the appropriate starting point for this present breach was a suspension of 5 days. That was reduced by one day for Mr Shirley’s guilty plea and by a further day by way of acceptance by the Committee that Mr Shirley may have been prejudiced by the circumstances of the delay that were put before it in penalty submissions.

Accordingly, the Committee suspended Mr Shirley’s Open Horseman’s Licence up to and including 26 June 2009 – effectively, 3 driving days.
 

R G McKenzie                N D Skelt
CHAIRMAN              PANELLIST
67419

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hearing_type: Old Hearing

Rules: 869.2.a, 1109.2

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