Archive Decision

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Gore HRC 24 April 2016 – R 9 – Chair, Mr N Skelt

ID: JCA15096

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr S Walkinshaw - Driver of JACCKA SPIRIT

Other Person:
Mr N McIntyre - Co-Chief Stipendiary Steward

Information Number:
A7618

Hearing Type:
Hearing

New Charge:
Used whip in an unnecessary manner

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Gore HRC - 24 April 2016

Meet Chair:
NSkelt

Meet Committee Member 1:
GHall

Race Date:
2016/04/24

Race Number:
R 9

Decision:

As the charge was admitted it was found to be proved.

Penalty:

Mr Walkinshaw was fined the sum of $300.

Facts:

Following the running of Race 9 (Pans Pacific Flight at Macca Lodge Mobile Pace) an information was filed by Stipendiary Steward Mr L Tidmarsh alleging that licensed open driver Mr S Walkinshaw has used his whip in an unnecessary manner over the final stages of the race after this winning post.

Mr Walkinshaw admitted the breach and did not appear at the hearing.

Rule 869 (2)(a) reads as follows:

(2) No horseman shall during any race.

(A) Use his whip in an unnecessary, excessive, or improper manner.

Mr N McIntyre (co chief Stipendiary Steward) showed the various films of the incident highlighting Mr Walkinshaw striking the horse Jaccka Spirit up to four times with some force shortly after the winning post.

Mr McIntyre acknowledged that the horse had been a difficult drive in that it had been hanging in down the home straight, but in Mr McIntyre’s opinion Mr. Walkinshaw’s actions were not a “good look” with animal welfare being extremely important to the industry. 

Submissions for Penalty:

Mr Tidmarsh stated that Mr Walkinshaw had no previous breaches of this rule and that the respondent admitted the breach. He also stated that Mr Walkinshaw was a very busy successful driver having had 305 drives last season and 246 drives this season.

Mr Tidmarsh re-in forced Mr McIntyre’s comments that the incident was not a good look for the industry.

Mr Walkinshaw, although not present at the hearing, indicated to the stewards that a fine would be a preferred option. The JCA Penalty Guide suggests a starting point of a $500 fine.  

Reasons for Penalty:

The Committee when fixing penalty took into account Mr Walkinshaw’s admission of the breach and also his excellent driving record, believing a fine was appropriate in this instance.

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: a569064d330c9ee97d916ea85c9b98b5


informantnumber: A7618


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Used whip in an unnecessary manner


plea: admitted


penaltyrequired: 1


decisiondate: 29/04/2016


hearing_title: Gore HRC 24 April 2016 - R 9 - Chair, Mr N Skelt


charge:


facts:

Following the running of Race 9 (Pans Pacific Flight at Macca Lodge Mobile Pace) an information was filed by Stipendiary Steward Mr L Tidmarsh alleging that licensed open driver Mr S Walkinshaw has used his whip in an unnecessary manner over the final stages of the race after this winning post.

Mr Walkinshaw admitted the breach and did not appear at the hearing.

Rule 869 (2)(a) reads as follows:

(2) No horseman shall during any race.

(A) Use his whip in an unnecessary, excessive, or improper manner.

Mr N McIntyre (co chief Stipendiary Steward) showed the various films of the incident highlighting Mr Walkinshaw striking the horse Jaccka Spirit up to four times with some force shortly after the winning post.

Mr McIntyre acknowledged that the horse had been a difficult drive in that it had been hanging in down the home straight, but in Mr McIntyre’s opinion Mr. Walkinshaw’s actions were not a “good look” with animal welfare being extremely important to the industry. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As the charge was admitted it was found to be proved.


sumissionsforpenalty:

Mr Tidmarsh stated that Mr Walkinshaw had no previous breaches of this rule and that the respondent admitted the breach. He also stated that Mr Walkinshaw was a very busy successful driver having had 305 drives last season and 246 drives this season.

Mr Tidmarsh re-in forced Mr McIntyre’s comments that the incident was not a good look for the industry.

Mr Walkinshaw, although not present at the hearing, indicated to the stewards that a fine would be a preferred option. The JCA Penalty Guide suggests a starting point of a $500 fine.  


reasonsforpenalty:

The Committee when fixing penalty took into account Mr Walkinshaw’s admission of the breach and also his excellent driving record, believing a fine was appropriate in this instance.


penalty:

Mr Walkinshaw was fined the sum of $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr S Walkinshaw - Driver of JACCKA SPIRIT


Otherperson: Mr N McIntyre - Co-Chief Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: f5e6cc721e87be50a72e54fb4d6c4d00


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: bff4f1fcd811d15230f265b5ae627a11


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 24/04/2016


meet_title: Gore HRC - 24 April 2016


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


meet_pm1: GHall


meet_pm2: none


name: Gore HRC