Forbury Park TC 28 April 2016 – R 7 – Chair, Mr P Knowles
ID: JCA10554
Meet Title:
Forbury Park TC - 28 April 2016
Meet Chair:
PKnowles
Meet Committee Member 1:
GHall
Race Date:
2016/04/28
Race Number:
R 7
Decision:
Mr Walkinshaw admitted the breach and it is found proved.
Penalty:
Mr Walkinshaw is fined $300 and reminded of his obligations re the use of the whip.
Facts:
Following the running of race 7 the Palamountains Scientific Nutrition Pace, Mr SP Walkinshaw, (Great Abbey) was charged with a breach of rule 869(2)(a) alleging excessive use of the whip over the concluding stages.
Mr Walkinshaw admitted the breach and appeared at the hearing.
Rule 869(2)(a) reads
No horseman shall during any race:-
use his whip in an unnecessary, excessive or improper manner.
Mr Wallis, with the assistance of the video, stated that from approximately the 400m mark to the finish line Mr Walkinshaw used his whip 26 times. He deemed this to be in excess of the required standard.
Mr Walkinshaw stated he had urged his horse forward and that Great Abbey was a horse which required to be driven out to the finish. However, he agreed that the use of the whip was excessive.
Submissions for Penalty:
Mr Wallis submitted that the Penalty Guide recommended a fine of $500 or a suspension of 2 days for a first offence under this rule. He stated that Mr Walkinshaw had admitted the breach at the outset and had not appeared for a similar breach in the past 12 months. However, Mr Walkinshaw had been charged with unnecessary use of the whip at Gore on the 24th April and fined $300. He viewed this breach as a first offence and was seeking a fine of $300.
Mr Walkinshaw stated he preferred a fine as opposed to a suspension. He had a very good record for this offence. He stated the Gore incident was after the post and he had used his whip to keep his horse straight when it attempted to shift outwards.
Reasons for Penalty:
This is Mr Walkinshaw’s second breach of the whip rule within a week. He was charged and fined $300 at Gore for unnecessary use after the post; on this occasion he was charged with excessive use. While two breaches of this rule in a short period is of concern to the Committee, the circumstances of both are vastly different and this breach is viewed as a first offence.
We have taken into account Mr Walkinshaw’s early admission and that he has no previous breaches of excessive use. However, due to the high number of strikes with the whip Mr Wallis’s penalty submission is appropriate.
JCA Decision Fields (raw)
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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: 016f68c7904c4434ab7cda33fadf8a39
informantnumber: A8080
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Use his whip in an excessive manner
plea: admitted
penaltyrequired: 1
decisiondate: 04/05/2016
hearing_title: Forbury Park TC 28 April 2016 - R 7 - Chair, Mr P Knowles
charge:
facts:
Following the running of race 7 the Palamountains Scientific Nutrition Pace, Mr SP Walkinshaw, (Great Abbey) was charged with a breach of rule 869(2)(a) alleging excessive use of the whip over the concluding stages.
Mr Walkinshaw admitted the breach and appeared at the hearing.
Rule 869(2)(a) reads
No horseman shall during any race:-
use his whip in an unnecessary, excessive or improper manner.
Mr Wallis, with the assistance of the video, stated that from approximately the 400m mark to the finish line Mr Walkinshaw used his whip 26 times. He deemed this to be in excess of the required standard.
Mr Walkinshaw stated he had urged his horse forward and that Great Abbey was a horse which required to be driven out to the finish. However, he agreed that the use of the whip was excessive.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr Walkinshaw admitted the breach and it is found proved.
sumissionsforpenalty:
Mr Wallis submitted that the Penalty Guide recommended a fine of $500 or a suspension of 2 days for a first offence under this rule. He stated that Mr Walkinshaw had admitted the breach at the outset and had not appeared for a similar breach in the past 12 months. However, Mr Walkinshaw had been charged with unnecessary use of the whip at Gore on the 24th April and fined $300. He viewed this breach as a first offence and was seeking a fine of $300.
Mr Walkinshaw stated he preferred a fine as opposed to a suspension. He had a very good record for this offence. He stated the Gore incident was after the post and he had used his whip to keep his horse straight when it attempted to shift outwards.
reasonsforpenalty:
This is Mr Walkinshaw’s second breach of the whip rule within a week. He was charged and fined $300 at Gore for unnecessary use after the post; on this occasion he was charged with excessive use. While two breaches of this rule in a short period is of concern to the Committee, the circumstances of both are vastly different and this breach is viewed as a first offence.
We have taken into account Mr Walkinshaw’s early admission and that he has no previous breaches of excessive use. However, due to the high number of strikes with the whip Mr Wallis’s penalty submission is appropriate.
penalty:
Mr Walkinshaw is fined $300 and reminded of his obligations re the use of the whip.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr S Walkinshaw - Senior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: fba149062d617d9667870327b808e341
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 7
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: adc8d4c242ce002b16c5202fe8330872
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 28/04/2016
meet_title: Forbury Park TC - 28 April 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: forbury-park-tc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: GHall
meet_pm2: none
name: Forbury Park TC