Winton HRC 8 September 2018 – R 5 – Chair, Prof G Hall
ID: JCA18174
Meet Title:
Winton HRC - 8 September 2018
Meet Chair:
GHall
Meet Committee Member 1:
MConway
Race Date:
2018/09/08
Race Number:
R 5
Decision:
As Mr Walkinshaw has admitted the breach, it is found to be proved.
Penalty:
Mr Walkinshaw is suspended from the end of racing today up to and including 6 October. This is 3 Southland days.
Facts:
Mr Wallis, Stipendiary Steward, alleged that Mr Walkinshaw used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive POLDARK in race 5, the DOWNBYTHESEASIDE NEW TO WOODLANDS STUD MOBILE PACE.
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 did not wish to be present at the hearing.
Mr Wallis, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr Walkinshaw was three wide without cover approaching the 400 metres. There were 5 strikes on the bend and 9 in the straight. Mr Walkinshaw eventually put the whip away and urged his horse to the line.
Mr Wallis said that Mr Walkinshaw had stated when spoken to by the Stewards that he was unaware that a strike with a hand on the rein counted as a strike. He had accepted, however, that it was his responsibility to acquaint himself with the Rules.
Submissions for Penalty:
Mr Wallis produced the respondent’s record. Mr Walkinshaw has had 7 drives this season and 145 drives last season. Mr Walkinshaw had a previous breach of this rule on 9 June at Invercargill when he was fined $200.
Mr Wallis submitted a 3-day suspension was appropriate.
Reasons for Penalty:
The count for Mr Walkinshaw is 14. He has agreed that this is the number.
The Penalty Guide provides for a suspension of 3 to 5 days fine for a second breach. There are no aggravating or mitigating factors that require an adjustment to this starting point.
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: f712dd0faff0deda4bf0be8ca2bc04dd
informantnumber: A10541
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of the whip
plea: admitted
penaltyrequired: 1
decisiondate: 11/09/2018
hearing_title: Winton HRC 8 September 2018 - R 5 - Chair, Prof G Hall
charge:
facts:
Mr Wallis, Stipendiary Steward, alleged that Mr Walkinshaw used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive POLDARK in race 5, the DOWNBYTHESEASIDE NEW TO WOODLANDS STUD MOBILE PACE.
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 did not wish to be present at the hearing.
Mr Wallis, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr Walkinshaw was three wide without cover approaching the 400 metres. There were 5 strikes on the bend and 9 in the straight. Mr Walkinshaw eventually put the whip away and urged his horse to the line.
Mr Wallis said that Mr Walkinshaw had stated when spoken to by the Stewards that he was unaware that a strike with a hand on the rein counted as a strike. He had accepted, however, that it was his responsibility to acquaint himself with the Rules.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr Walkinshaw has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Wallis produced the respondent’s record. Mr Walkinshaw has had 7 drives this season and 145 drives last season. Mr Walkinshaw had a previous breach of this rule on 9 June at Invercargill when he was fined $200.
Mr Wallis submitted a 3-day suspension was appropriate.
reasonsforpenalty:
The count for Mr Walkinshaw is 14. He has agreed that this is the number.
The Penalty Guide provides for a suspension of 3 to 5 days fine for a second breach. There are no aggravating or mitigating factors that require an adjustment to this starting point.
penalty:
Mr Walkinshaw is suspended from the end of racing today up to and including 6 October. This is 3 Southland days.
hearing_type: Hearing
Rules: 869(2)and Use of Whip Regulations
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr S Walkinshaw - Open Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: de1e7329c8cb8f747f51c1514bf2f17f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 5
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: f38db03beb6469b0e67c4381939783d3
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 08/09/2018
meet_title: Winton HRC - 8 September 2018
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: winton-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: MConway
meet_pm2: none
name: Winton HRC