Winton HRC – 10 February 2012 – R 8 (heard at Invercargill on 19 February 2012)
ID: JCA18796
Hearing Type (Code):
harness-racing
Meet Title:
Winton HRC - 10 February 2012
Meet Chair:
NSkelt
Meet Committee Member 1:
ADennis
Race Date:
2012/02/10
Race Number:
R 8
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr C J Allison - Stipendiary Steward
Defendant: Mr Brent Shirley – Open Horseman
Information No: A5979
Meeting: Winton Harness Racing Club
Date: 10 February 2012 (heard Invercargill 19 February 2012)
Venue: Winton
Race: 8
Rule No: 869 (6)(b)(c)
Judicial Committee: A Dennis, Chairman – N Skelt, Committee Member
Plea: Not admitted
Also present: Mr N Williamson – Driver of White Socks, Mr Cox – Driver of No Courage Russell, Mr Walkinshaw – Driver of Watrulookingat
Evidence:
Following the running of Race 8 , the MASTERLINK LTD MOBILE PACE an Information was filed by Stipendiary Steward Mr C J Allison against Open Horseman Mr B Shirley alleging a breach of Rule 869 (6) (b) (c) in that ‘with approximately 1500m to run B Shirley (Hitthegroundrunning) shifted outwards forcing White Socks ( N P Williamson) over extra ground.
Rule 869 (6) (b) (c) reads as follows:
“Subject to sub-rule (4) thereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Submissions for Decision:
Mr Allison gave evidence using video film to show that Mr Shirley had shifted outwards with approx. 1500 metres to run, forcing White Socks driven by Mr Williamson over extra ground. Both side on and front on films were shown a number of times. Mr Allison then questioned Mr N Williamson who stated that he had indeed been forced to go wide and to cover extra ground and to go three wide when he had not intended to.
Mr Shirley stated that he was following Mr Armour (Hokuri Handrail) and that horse had moved to go outwards on two occasions and that that movement had caused Mr Shirley to be in the half cart position. Mr Shirley disputed the allegation that he had pushed out incorrectly and said that if he had not moved outwards then he would have run into Mr Armour who was in the running line. Mr Shirley believed that his horse’s head was outside Mr Armour’s head so therefore he had a right to that line. Mr Shirley called on Mr Walkinshaw (Watrulookingat) to give evidence which he did by stating that he went three wide passing Mr Shirley and that he had no problems crossing over in front of Mr Shirley when passed.
Mr Cox (No Courage Russell) stated that he followed Mr N Williamson the “whole way” and was not affected.
In his summary Mr Allison emphasised the fact that Mr Williamson’s horse had its head past the wheel of Mr Shirley’s horse before Mr Shirley made an outward movement which caused Mr Williamson to cover extra ground.
Decision:
The Committee carefully considered all evidence given by Mr Allison, Mr Williamson, Mr Cox and Mr Walkinshaw. The committee considered the evidence given by Mr Williamson and the video evidence to be most useful in coming to its conclusion. The committee found that the actions of Mr Shirley did indeed force Mr Williamson over extra ground and that it was a clear breach of Rule 869(6)(b)(c).
The charge was found proved.
Submissions for Penalty:
Mr Allison stated the Mr Shirley had no previous breaches of this rule and had in fact an excellent driving record over the past 12 months. Mr Allison thought that the breach was in the low range and that a fine would be in order.
Reasons for Penalty:
The committee was satisfied that the breach was relatively minor and that very little inconvenience to any other horses had occurred. Credit was also given for Mr Shirley’s recent driving record and Mr Shirley’s financial position.
Penalty:
Accordingly Mr Shirley was fined the sum of $150-00.
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: 157da61086f996064ae4b0445be0a09b
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 10/02/2012
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Winton HRC - 10 February 2012 - R 8 (heard at Invercargill on 19 February 2012)
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
RACEDAY JUDICIAL COMMITTEE DECISION
Informant: Mr C J Allison - Stipendiary Steward
Defendant: Mr Brent Shirley – Open Horseman
Information No: A5979
Meeting: Winton Harness Racing Club
Date: 10 February 2012 (heard Invercargill 19 February 2012)
Venue: Winton
Race: 8
Rule No: 869 (6)(b)(c)
Judicial Committee: A Dennis, Chairman – N Skelt, Committee Member
Plea: Not admitted
Also present: Mr N Williamson – Driver of White Socks, Mr Cox – Driver of No Courage Russell, Mr Walkinshaw – Driver of Watrulookingat
Evidence:
Following the running of Race 8 , the MASTERLINK LTD MOBILE PACE an Information was filed by Stipendiary Steward Mr C J Allison against Open Horseman Mr B Shirley alleging a breach of Rule 869 (6) (b) (c) in that ‘with approximately 1500m to run B Shirley (Hitthegroundrunning) shifted outwards forcing White Socks ( N P Williamson) over extra ground.
Rule 869 (6) (b) (c) reads as follows:
“Subject to sub-rule (4) thereof:-
(b) a horse making a forward movement during any race shall not be forced to race wider on the track;
(c) a horse during a race shall not move ground outwards once the nose of the wider runner coming forward is in line with or past its sulky wheel and until the wider runner going forward is fully past.
Submissions for Decision:
Mr Allison gave evidence using video film to show that Mr Shirley had shifted outwards with approx. 1500 metres to run, forcing White Socks driven by Mr Williamson over extra ground. Both side on and front on films were shown a number of times. Mr Allison then questioned Mr N Williamson who stated that he had indeed been forced to go wide and to cover extra ground and to go three wide when he had not intended to.
Mr Shirley stated that he was following Mr Armour (Hokuri Handrail) and that horse had moved to go outwards on two occasions and that that movement had caused Mr Shirley to be in the half cart position. Mr Shirley disputed the allegation that he had pushed out incorrectly and said that if he had not moved outwards then he would have run into Mr Armour who was in the running line. Mr Shirley believed that his horse’s head was outside Mr Armour’s head so therefore he had a right to that line. Mr Shirley called on Mr Walkinshaw (Watrulookingat) to give evidence which he did by stating that he went three wide passing Mr Shirley and that he had no problems crossing over in front of Mr Shirley when passed.
Mr Cox (No Courage Russell) stated that he followed Mr N Williamson the “whole way” and was not affected.
In his summary Mr Allison emphasised the fact that Mr Williamson’s horse had its head past the wheel of Mr Shirley’s horse before Mr Shirley made an outward movement which caused Mr Williamson to cover extra ground.
Decision:
The Committee carefully considered all evidence given by Mr Allison, Mr Williamson, Mr Cox and Mr Walkinshaw. The committee considered the evidence given by Mr Williamson and the video evidence to be most useful in coming to its conclusion. The committee found that the actions of Mr Shirley did indeed force Mr Williamson over extra ground and that it was a clear breach of Rule 869(6)(b)(c).
The charge was found proved.
Submissions for Penalty:
Mr Allison stated the Mr Shirley had no previous breaches of this rule and had in fact an excellent driving record over the past 12 months. Mr Allison thought that the breach was in the low range and that a fine would be in order.
Reasons for Penalty:
The committee was satisfied that the breach was relatively minor and that very little inconvenience to any other horses had occurred. Credit was also given for Mr Shirley’s recent driving record and Mr Shirley’s financial position.
Penalty:
Accordingly Mr Shirley was fined the sum of $150-00.
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869(6)(b)(c)
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
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name: Winton HRC