Archive Decision

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Forbury Park TC 6 July 2017 – R 6 – Chair, Prof G Hall

ID: JCA17888

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr S Walkinshaw - Licensed Horseman

Other Person:
Mr N McIntyre - General Manager of Stewards

Information Number:
A9759

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Forbury Park TC - 6 July 2017

Meet Chair:
GHall

Race Date:
2017/07/06

Race Number:
R 6

Decision:

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

Penalty:

Mr Walkinshaw is suspended from the end of the meeting tonight up to and including 6 August. This is 3 Otago/Southland meetings. Oamaru is included as Mr Walkinshaw drove at that racecourse at this time last year. The meetings are: Forbury Park 13 July; Oamaru 30 July; and Oamaru 6 August.

Facts:

Mr Tidmarsh alleged that Mr Walkinshaw drove carelessly when shifting inwards 200 metres after the start when not clear of JANUARY JONES (Mr Suddaby) resulting in checks to SHINGLESTAR (Ms Parker) and EASTON KARERE (Mr Ferguson).

Mr Walkinshaw indicated on the information that he admitted the breach and did want to be present at the hearing of the matter.

Mr McIntyre demonstrated on the videos that the respondent was racing wide on the track entering the first bend. Mr McIntyre demonstrated there were 4 horses to Mr Walkinshaw’s inside as he shifted inwards, and there was only marginal room, at best, for 3 runners and more likely, only 2. He pointed out that 2 of the drivers to Mr Walkinshaw’s inside, Mr Suddaby and Ms Parker (the others were Mr N Williamson and Mr Ferguson), had had to grab hold of their horses. He demonstrated that Mr Ferguson was a little further back than Mr Suddaby and Ms Parker, and was racing just inside Ms Parker who had almost crossed him. He also said Mr Ferguson’s horse was racing keenly at the time. The interference occurred on the apex of the bend. Mr Suddaby was trying to relieve the pressure on Ms Parker but could not because the respondent was to his outside and was exerting downwards pressure on him. There was contact between Mr Suddaby’s wheel and the foreleg of SHINGLESTAR. That horse broke from its gait and galloped back on to EASTON KARERE.

Submissions for Penalty:

Mr Tidmarsh produced Mr Walkinshaw’s record. This evidenced a breach within the last 4 months on 27 May, when the penalty was a fine of $300. Mr Walkinshaw had two earlier breaches in 2016. Nonetheless, he emphasised that the respondent was a relatively busy driver with 347 drives last season and 187 this, and the record was to be viewed in that context. He believed a 3-day suspension was appropriate.

Reasons for Penalty:

Mr Walkinshaw has shifted ground inwards on the northern bend when insufficiently clear of Mr Suddaby, and Ms Parker and Mr Ferguson have been checked. The breach is at the upper end of mid range. Mr Walkinshaw’s actions have hampered a number of runners. There is thus a 1-day increase in the 3-day starting point in the JCA Penalty Guide. Mr Walkinshaw’s record is a neutral factor. After a 1-day discount for admission of the breach, the penalty is a 3-day suspension.

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: fa6ca50af056aa96cc4f88591e89fcda


informantnumber: A9759


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 06/07/2017


hearing_title: Forbury Park TC 6 July 2017 - R 6 - Chair, Prof G Hall


charge:


facts:

Mr Tidmarsh alleged that Mr Walkinshaw drove carelessly when shifting inwards 200 metres after the start when not clear of JANUARY JONES (Mr Suddaby) resulting in checks to SHINGLESTAR (Ms Parker) and EASTON KARERE (Mr Ferguson).

Mr Walkinshaw indicated on the information that he admitted the breach and did want to be present at the hearing of the matter.

Mr McIntyre demonstrated on the videos that the respondent was racing wide on the track entering the first bend. Mr McIntyre demonstrated there were 4 horses to Mr Walkinshaw’s inside as he shifted inwards, and there was only marginal room, at best, for 3 runners and more likely, only 2. He pointed out that 2 of the drivers to Mr Walkinshaw’s inside, Mr Suddaby and Ms Parker (the others were Mr N Williamson and Mr Ferguson), had had to grab hold of their horses. He demonstrated that Mr Ferguson was a little further back than Mr Suddaby and Ms Parker, and was racing just inside Ms Parker who had almost crossed him. He also said Mr Ferguson’s horse was racing keenly at the time. The interference occurred on the apex of the bend. Mr Suddaby was trying to relieve the pressure on Ms Parker but could not because the respondent was to his outside and was exerting downwards pressure on him. There was contact between Mr Suddaby’s wheel and the foreleg of SHINGLESTAR. That horse broke from its gait and galloped back on to EASTON KARERE.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

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


sumissionsforpenalty:

Mr Tidmarsh produced Mr Walkinshaw’s record. This evidenced a breach within the last 4 months on 27 May, when the penalty was a fine of $300. Mr Walkinshaw had two earlier breaches in 2016. Nonetheless, he emphasised that the respondent was a relatively busy driver with 347 drives last season and 187 this, and the record was to be viewed in that context. He believed a 3-day suspension was appropriate.


reasonsforpenalty:

Mr Walkinshaw has shifted ground inwards on the northern bend when insufficiently clear of Mr Suddaby, and Ms Parker and Mr Ferguson have been checked. The breach is at the upper end of mid range. Mr Walkinshaw’s actions have hampered a number of runners. There is thus a 1-day increase in the 3-day starting point in the JCA Penalty Guide. Mr Walkinshaw’s record is a neutral factor. After a 1-day discount for admission of the breach, the penalty is a 3-day suspension.


penalty:

Mr Walkinshaw is suspended from the end of the meeting tonight up to and including 6 August. This is 3 Otago/Southland meetings. Oamaru is included as Mr Walkinshaw drove at that racecourse at this time last year. The meetings are: Forbury Park 13 July; Oamaru 30 July; and Oamaru 6 August.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr S Walkinshaw - Licensed Horseman


Otherperson: Mr N McIntyre - General Manager of Stewards


PersonPresent:


Respondent:


StipendSteward:


raceid: fdc3351d1c805edbb619a310508d925c


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racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 6


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meet_noreport: 0


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meetdate: 06/07/2017


meet_title: Forbury Park TC - 6 July 2017


meet_expappcomment:


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tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


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name: Forbury Park TC