Archive Decision

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Invercargill HRC 25 May 2019 – R 6 – Chair, Prof G Hall

ID: JCA16527

Applicant:
Mr S W Wallis - Stipendiary Steward

Respondent(s):
Mr S Walkinshaw - Open Horseman

Other Person:
Mr Munro - Stipendiary Steward

Information Number:
A9811

Hearing Type:
Hearing

New Charge:
Contravention of the Use of the Whip Regulations

Rules:
869(2) and the Use of the Whip Regulations

Plea:
admitted

Meet Title:
Invercargill HRC - 25 May 2019

Meet Chair:
GHall

Meet Committee Member 1:
MConway

Race Date:
2019/05/25

Race Number:
R 6

Decision:

As Mr Walkinshaw has admitted the breach, the breach is found to be proved.

Penalty:

Mr Walkinshaw is fined the sum of $200.

 

Facts:

Following the running of Race 6, the BLUFF RACE DAY 3 JUNE MOBILE PACE, an information was filed by Stipendiary Steward, Mr Wallis, alleging that Mr Walkinshaw, the driver of MAGNETIC WATCH, used his whip on more occasions than is permitted under cl (b) of the Use of the Whip Regulations.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Walkinshaw admitted the breach and signed the information stating he did not wish to be present at the hearing.

Mr Munro, Stipendiary Steward, demonstrated on the race films that the respondent, who was racing 3 wide at as he entered the home turn, used his whip 13 times. The strikes were in quick succession from the 400 to the 150 metres.

Mr Wallis stated that Mr Walkinshaw had said by way of explanation that the trainer had said to him that the horse was not trying as hard as it should. Mr Walkinshaw accepted he had breached the Rules by trying the horse with the whip in the manner that he had.

Submissions for Penalty:

Mr Wallis produced Mr Walkinshaw’s record. Mr Walkinshaw drives primarily in Southland. He has had 170 drives this season, and 161 since his last breach of this rule, which resulted in a 3-day suspension. His record is clear under the whip rule for the past 6 months.

Reasons for Penalty:

Mr Walkinshaw has used the whip on MAGNETIC WATCH 13 times from the 400 to the 150 metres. The breach is thus low-range (11 to 13 strikes).

Mr Walkinshaw’s record is clear under this rule for the past 6 months, so the reset applies. The Penalty Guide provides a penalty of $200 for a low-range first breach.

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: bf1547c97b77bdd3be01fdf4b489c138


informantnumber: A9811


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Contravention of the Use of the Whip Regulations


plea: admitted


penaltyrequired: 1


decisiondate: 04/06/2019


hearing_title: Invercargill HRC 25 May 2019 - R 6 - Chair, Prof G Hall


charge:


facts:

Following the running of Race 6, the BLUFF RACE DAY 3 JUNE MOBILE PACE, an information was filed by Stipendiary Steward, Mr Wallis, alleging that Mr Walkinshaw, the driver of MAGNETIC WATCH, used his whip on more occasions than is permitted under cl (b) of the Use of the Whip Regulations.

Rule 869 provides as follows:

(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:

(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Walkinshaw admitted the breach and signed the information stating he did not wish to be present at the hearing.

Mr Munro, Stipendiary Steward, demonstrated on the race films that the respondent, who was racing 3 wide at as he entered the home turn, used his whip 13 times. The strikes were in quick succession from the 400 to the 150 metres.

Mr Wallis stated that Mr Walkinshaw had said by way of explanation that the trainer had said to him that the horse was not trying as hard as it should. Mr Walkinshaw accepted he had breached the Rules by trying the horse with the whip in the manner that he had.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Walkinshaw has admitted the breach, the breach is found to be proved.


sumissionsforpenalty:

Mr Wallis produced Mr Walkinshaw’s record. Mr Walkinshaw drives primarily in Southland. He has had 170 drives this season, and 161 since his last breach of this rule, which resulted in a 3-day suspension. His record is clear under the whip rule for the past 6 months.


reasonsforpenalty:

Mr Walkinshaw has used the whip on MAGNETIC WATCH 13 times from the 400 to the 150 metres. The breach is thus low-range (11 to 13 strikes).

Mr Walkinshaw’s record is clear under this rule for the past 6 months, so the reset applies. The Penalty Guide provides a penalty of $200 for a low-range first breach.


penalty:

Mr Walkinshaw is fined the sum of $200.

 


hearing_type: Hearing


Rules: 869(2) and the Use of the Whip Regulations


Informant: Mr S W Wallis - Stipendiary Steward


JockeysandTrainer: Mr S Walkinshaw - Open Horseman


Otherperson: Mr Munro - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 459819939671ba587c3b1b7a97bf9e49


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 829a4e911d7266a60a76fb4f64f08f03


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 25/05/2019


meet_title: Invercargill HRC - 25 May 2019


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: MConway


meet_pm2: none


name: Invercargill HRC