Forbury Park TC - 24 September 2010 - R 6

RACEDAY JUDICIAL COMMITTEE DECISION

Informant:  Mr Allison

Defendant:  Mr B Shirley

Information No: 66900

Meeting:  Forbury Park Trotting Club

Date:  24 September 2010

Venue:  Dunedin

Race:  6

Rule No:  869(2)(a)

Judicial Committee:  G Hall, Chairman – D Steel, Committee Member 

Plea: Admitted

CHARGE:

Mr Shirley has admitted a breach of R 869(2)(a) in that he used his whip in an excessive manner over the final 400 metres of race 6 at the Invercargill HRC meeting on 21 September last. We thus find the charge proved.

Mr Shirley has confirmed by way of a telephone conversation with the Chairman his indication on the information that he does not wish to be present at the hearing of the matter.

FACTS/ SUBMISSIONS:

Mr Allison has demonstrated the incident on the video and we are agreed that over the final 400 metres Mr Shirley has used the whip on TOUCHE EXPRESS on 27 occasions. There are two very brief respites shortly after the horse has straightened for the run home. Mr Allison described the breach as mid-range.

In January last Mr Shirley was fined the sum of $450 and suspended for two weeks in respect of a breach of the same Rule, the circumstances of which Mr Allison has said were worse than the one before us tonight. The Member of this Committee was officiating on that occasion and he concurs with Mr Allison’s description of the two incidents. Mr Allison has submitted that a penalty of four days suspension is appropriate.

Mr Shirley is not driving at Oamaru on Sunday. We believe that having regard to Mr Shirley’s ready admission of the breach, that the breach is in our opinion mid-range, and that this is Mr Shirley’s 2^nd breach of this Rule this year, that a four day suspension is necessary to hold him accountable and to deter him from similar actions in the future.

DECISION:

Mr Shirley is suspended from the end of racing today up to and including 17 October. This is four Otago / Southland days.