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Invercargill HRC 20 June 2020 R 10 - (adjourned hearing heard 27 June 2020 at Invercargill - Chair, Mr P Knowles

Created on 30 June 2020

Committee:
PKnowles (chair)
Name(s):
Mr B Shirley - Licensed Open Driver
Informant
Information Number
A12728
Plea:
Admitted
Charge:
Contravention of the Use of Whip Regulations
Evidence:

Mr Shirley was charged with a breach of r 869(2)(b) – excessive use of the whip, at the Invercargill HRC meeting on the 20th June 2020. The Information was adjourned sine die and heard prior to the start of this meeting.

Mr Shirley admitted the breach and appeared at the hearing.

Mr Munro stated that Mr Shirley was the driver of BUCK in race 10. Following the race he lodged an Information alleging Mr Shirley was in breach of r 869(2)(b) and also 869(2)(e). Prior to the hearing Mr Munro withdrew the alleged breach of r 869(2)(e).

Mr Munro, with the aid of the video replays, stated Mr Shirley was trailing three back on the pole line. He was seen to use his whip 11 times from about the 200 metres until the finish line.

Mr Shirley stated an outside runner shifted inwards nearing the finish line and the last two strikes was to maintain his position.

Decision:

Mr Shirley admitted the breach and it is found proved.

Submission For Penalty:

Mr Munro said Mr Shirley had 3118 lifetime drives, but only 7 this season. He was driving more of his own trained horses since racing re-started in late May. He had two previous breaches of the Whip Regulations in February this year. This was his first charge under this Rule on raceday. He sought a fine of $200 at the lower end of the scale.

Mr Shirley stated he was driving more to try and earn extra income. He preferred a fine as opposed to a suspension.

Reasons For Penalty:

Mr Shirley has a good record under this Rule. The breach was at the lower end of the scale and a fine at the lower end is appropriate.

Penalty:

Mr Shirley is fined $200.

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