NZ Metro TC 13 September 2011 – R 5
ID: JCA15830
Meet Title:
NZ Metro TC - 13 September 2011
Meet Chair:
JMillar
Meet Committee Member 1:
RMcKenzie
Race Date:
2011/09/13
Race Number:
R5
Decision:
Mr Walkinshaw having admitted the breach, the charge was found proved.
Penalty:
Mr Walkinshaw was fined $200.00.
Charge:
Checked out and drove in a non compliant safety vest.
Facts:
Information 69532 was filed by Stipendiary Steward, Mr N M Ydgren, against Open Horesman, Mr S P Walkinshaw, alleging a breach of Rule 847 (1) in that Mr Walkinshaw checked out and drove Suspended Diamond in Race 5 wearing a safety vest which did not comply with the requirements of the Safety Gear Regulations.
Mr Walkinshaw attended the hearing of the information and he indicated that he admitted the breach.
Rule 847 provides as follows:
(1) "No Horseman shall check out or attempt to check out unless he wears safety gear which complies with the requirements of the Safety Gear Regulations made by the Board"
Submissions for Decision:
Mr Ydgren advised that Mr Walkinshaw had checked out and driven Suspended Diamond (Race 5) in the safety vest concerned. It was noted at an unrelated Stipendiary Stewards Meeting that Mr Walkinshaw's safety vest had been modified. (Mr Wallis, Stipendiary Steward, produced the safety vest for inspection). Mr Ydgren showed the panel where a strip of foam had been cut off and where the vest fabric had been re-stitched. Mr Ydgren accepted that Mr Walkinshaw's safety vest was of a make approved by the Board but that the modification to the vest meant that it was no longer of a type that had been tested and approved.
Mr Ydgren advised the panel that when Mr Walkinshaw had been asked for an explanation he had indicated that the vest had been modified as it had been uncomfortable to wear in it's original condition.
Reasons for Decision:
Mr Walkinshaw admitted the circumstances as outlined by Mr Ydgren.
Submissions for Penalty:
Mr Ydgren submitted that the Horsemans' Association had been advised that particular attention was to be paid to safety vests and that checks could be expected. Mr Ydgren's submission in relation to penalty was for a fine of $200.00, which was in line with recent similar charges brought against jockeys within Racing.
Mr Walkinshaw submitted that he had no knowledge of the advice to the Horseman's Association concerning safety vests. That he had been using the vest for about a year and if he had been aware the safety vest did not comply with the relevant regulation he would not have worn it.
Reasons for Penalty:
The same charge brought recently against a jockey within Racing had resulted in a fine of $200.00. The only record found by the panel in relation to Harness Racing was for having "Chin strap undone during a race" and "Failing to check out wearing a safety vest". Penalties ranged from $100.00 to $400.00.
The Panel took the view that the offending was at the lower end of the scale, Mr Walkinshaw had admitted the breach and had co-operated fully.
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: d8674b0793da90d17ecb2c215219d7b1
informantnumber: 69532
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 15/09/2011
hearing_title: NZ Metro TC 13 September 2011 - R 5
charge:
Checked out and drove in a non compliant safety vest.
facts:
Information 69532 was filed by Stipendiary Steward, Mr N M Ydgren, against Open Horesman, Mr S P Walkinshaw, alleging a breach of Rule 847 (1) in that Mr Walkinshaw checked out and drove Suspended Diamond in Race 5 wearing a safety vest which did not comply with the requirements of the Safety Gear Regulations.
Mr Walkinshaw attended the hearing of the information and he indicated that he admitted the breach.
Rule 847 provides as follows:
(1) "No Horseman shall check out or attempt to check out unless he wears safety gear which complies with the requirements of the Safety Gear Regulations made by the Board"
appealdecision:
isappeal:
submissionsfordecision:
Mr Ydgren advised that Mr Walkinshaw had checked out and driven Suspended Diamond (Race 5) in the safety vest concerned. It was noted at an unrelated Stipendiary Stewards Meeting that Mr Walkinshaw's safety vest had been modified. (Mr Wallis, Stipendiary Steward, produced the safety vest for inspection). Mr Ydgren showed the panel where a strip of foam had been cut off and where the vest fabric had been re-stitched. Mr Ydgren accepted that Mr Walkinshaw's safety vest was of a make approved by the Board but that the modification to the vest meant that it was no longer of a type that had been tested and approved.
Mr Ydgren advised the panel that when Mr Walkinshaw had been asked for an explanation he had indicated that the vest had been modified as it had been uncomfortable to wear in it's original condition.
reasonsfordecision:
Mr Walkinshaw admitted the circumstances as outlined by Mr Ydgren.
Decision:
Mr Walkinshaw having admitted the breach, the charge was found proved.
sumissionsforpenalty:
Mr Ydgren submitted that the Horsemans' Association had been advised that particular attention was to be paid to safety vests and that checks could be expected. Mr Ydgren's submission in relation to penalty was for a fine of $200.00, which was in line with recent similar charges brought against jockeys within Racing.
Mr Walkinshaw submitted that he had no knowledge of the advice to the Horseman's Association concerning safety vests. That he had been using the vest for about a year and if he had been aware the safety vest did not comply with the relevant regulation he would not have worn it.
reasonsforpenalty:
The same charge brought recently against a jockey within Racing had resulted in a fine of $200.00. The only record found by the panel in relation to Harness Racing was for having "Chin strap undone during a race" and "Failing to check out wearing a safety vest". Penalties ranged from $100.00 to $400.00.
The Panel took the view that the offending was at the lower end of the scale, Mr Walkinshaw had admitted the breach and had co-operated fully.
penalty:
Mr Walkinshaw was fined $200.00.
hearing_type: Hearing
Rules: 847 (1)
Informant: Mr N M Ydgren - Stipendiary Steward
JockeysandTrainer: Mr S P Walkinshaw - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 3c2ef74a47c828976edd94c644ebbdd9
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: aa4997cefef15524da72fc2d92d06f64
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 13/09/2011
meet_title: NZ Metro TC - 13 September 2011
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: JMillar
meet_pm1: RMcKenzie
meet_pm2: none
name: NZ Metro TC