Archive Decision

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Invercargill HRC 13 April 2014 – R 3

ID: JCA12365

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr S Walkinshaw - Driver of DATA BASE

Information Number:
A1777

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Invercargill HRC - 13 April 2014

Meet Chair:
NSkelt

Race Date:
2014/04/13

Race Number:
R 3

Decision:

Mr Walkinshaw having admitted the breach we thus find the charge proved. 

Penalty:

Mr Walkinshaw was suspended from the conclusion of racing on Sunday 13th April 2014, until the conclusion of racing on Tuesday 22nd April 2014 – effectively two southern meetings, Forbury Park 17/4/14 and Invercargill Harness 22/4/14.

Mr Walkinshaw was also reminded of his professional obligations as this was his third breach in a short period of time.

Facts:

At the conclusion of race 3 The Bruce Colyer Auto Refinishers Race an Information (A 1777) was lodged by Stipendiary Steward Mr S Wallis alleging that Mr S Walkinshaw (Data Base) used his whip excessively in the final stages of the race.

The rule reads 869(2)(a): No horseman shall during any race a) Use his whip in an unnecessary, excessive or improper manner.

Mr S Walkinshaw admitted the breach.

Stipendiary Steward Mr S Wallis showed the Committee several video clips of the alleged breach, highlighting Mr Walkinshaw striking Data Base from the 300 metre point to the winning post.

Mr Wallis stated that Mr Walkinshaw had used some “back handers” amongst the twenty eight as his horse was hanging in.

Mr Walkinshaw agreed with Mr Wallis in the number of strikes and that his horse was hanging in.

Submissions for Penalty:

Mr Wallis stated that this was Mr Walkinshaw’s third breach of this rule in the past five months. Mr Walkinshaw was fined $200.00 at the Forbury Park Meeting, on the 8th November 2013, and $225 on the 25th February 2014, at the Winton Meeting.

Mr Wallis stated that Mr Walkinshaw was a very busy driver having had 225 drives this season. Mr Wallis believed a suspension was an appropriate penalty on this occasion. The Judicial Control Authority Penalty Guide recommends a penalty of ten drives or a fine of $500.00 for a second breach of this rule.

Mr Walkinshaw stated a suspension was his preferred option.

Reasons for Penalty:

The video evidence was very clear showing Mr Walkinshaw striking Data Base on 28 occasions, well above the recommended acceptable guideline of up to twenty strikes.

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: 5382185182acf2fa0ba19922890b21f6


informantnumber: A1777


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 07/04/2014


hearing_title: Invercargill HRC 13 April 2014 - R 3


charge:


facts:

At the conclusion of race 3 The Bruce Colyer Auto Refinishers Race an Information (A 1777) was lodged by Stipendiary Steward Mr S Wallis alleging that Mr S Walkinshaw (Data Base) used his whip excessively in the final stages of the race.

The rule reads 869(2)(a): No horseman shall during any race a) Use his whip in an unnecessary, excessive or improper manner.

Mr S Walkinshaw admitted the breach.

Stipendiary Steward Mr S Wallis showed the Committee several video clips of the alleged breach, highlighting Mr Walkinshaw striking Data Base from the 300 metre point to the winning post.

Mr Wallis stated that Mr Walkinshaw had used some “back handers” amongst the twenty eight as his horse was hanging in.

Mr Walkinshaw agreed with Mr Wallis in the number of strikes and that his horse was hanging in.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Walkinshaw having admitted the breach we thus find the charge proved. 


sumissionsforpenalty:

Mr Wallis stated that this was Mr Walkinshaw’s third breach of this rule in the past five months. Mr Walkinshaw was fined $200.00 at the Forbury Park Meeting, on the 8th November 2013, and $225 on the 25th February 2014, at the Winton Meeting.

Mr Wallis stated that Mr Walkinshaw was a very busy driver having had 225 drives this season. Mr Wallis believed a suspension was an appropriate penalty on this occasion. The Judicial Control Authority Penalty Guide recommends a penalty of ten drives or a fine of $500.00 for a second breach of this rule.

Mr Walkinshaw stated a suspension was his preferred option.


reasonsforpenalty:

The video evidence was very clear showing Mr Walkinshaw striking Data Base on 28 occasions, well above the recommended acceptable guideline of up to twenty strikes.


penalty:

Mr Walkinshaw was suspended from the conclusion of racing on Sunday 13th April 2014, until the conclusion of racing on Tuesday 22nd April 2014 – effectively two southern meetings, Forbury Park 17/4/14 and Invercargill Harness 22/4/14.

Mr Walkinshaw was also reminded of his professional obligations as this was his third breach in a short period of time.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr S Walkinshaw - Driver of DATA BASE


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 8274e6c28f3dd01a197c5b033c03510e


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4c675ebad0ae8c1c96c600b0de520672


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 13/04/2014


meet_title: Invercargill HRC - 13 April 2014


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: none


meet_pm2: none


name: Invercargill HRC