Forbury Park TC – 29 May 2008 –

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startdate: 29/05/2008

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hearing_title: Forbury Park TC - 29 May 2008 -

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Mr Knowles, stipendiary steward, alleged that with approximately 200 metres to run S P Walkinshaw (JACK HINTON) allowed his horse to run inwards forcing GAYLENE HANOVER (C Woodward) to strike the sulky of MITCHEALS BAY causing GAYLENE HANOVER to break from its gait. He alleged Mr Walkinshaw was in breach of rule 869(3)(b), careless driving. 

Mr Knowles requested that the Committee consider the evidence heard at the earlier protest hearing. Mr Walkinshaw indicated he had no objection to this and the evidence was thus admitted.

Mr Knowles had Mr Allison, stipendiary steward, demonstrate on the video the inwards movement from Mr Walkinshaw which he said was sufficient to result in Mr Woodward’s horse running away from JACK HINTON and coming into contact with the sulky of the horse on its inner, MITCHEALS BAY, and breaking. He acknowledged there had been outwards movement from MITCHEALS BAY.

Mr Barron, driver of MITCHEALS BAY, stated that leader had run out as the field straightened after turning for home. He said there was no latitude given for horses on the leader’s outside and that gradually they had all moved out.

Mr Walkinshaw stated that his horse had “ducked in” a wee bit. He said he had endeavoured to straighten his horse; that he was trying to move him out. He said when he moved in he stopped driving and that 3 horses were at fault, not just one. He added he believed Mr Barron had moved out as much, if not more, than he had moved in.

Decision

Mr Barron has given evidence that the leader has moved out on turning for home pushing those horses on its outer wider on the track. Mr Walkinshaw has supported Mr Barron’s comments. Significantly, Mr Knowles does not disagree with this and nor do I.

However, Mr Walkinshaw has accepted that he moved in slightly. He says his horse “ducked in” and that he immediately stopped driving his horse out and straightened it. He said Mr Barron moved out as much if not more than he moved in. Mr Knowles has described Mr Walkinshaw’s movement as “subtle” and I agree with this assessment. I am in no doubt that Mr Walkinshaw permitted JACK HINTON to drift in and in so doing crowded Mr Woodward, whose horse came into contact with Mr Barron’s cart.

I accept also, as Mr Walkinshaw states, that Mr Barron does shift out on the track, however that is after the inwards movement by Mr Walkinshaw. As Mr Woodward said in his evidence, the first movement was from his outside, and that was by Mr Walkinshaw. I thus find the charge proved although I accept there are mitigating factors. These are: the horse on Mr Woodward’s inner, MITCHEALS BAY driven by Mr Barron, moved out after Mr Walkinshaw’s initial movement; Mr Walkinshaw’s movement is “subtle”; and there is evidence of Mr Walkinshaw straightening his horse. Unfortunately that correction came far too late. The inwards movement occurred as Mr Walkinshaw’s horse was under a hard drive.

Penalty

Taking into account the mitigating factors identified above, Mr Knowles’ recommendation of a fine at the lower end of the scale, and Mr Walkinshaw’s excellent record of no breaches of this rule, with his having 250 to 300 drives this season, I impose a fine of $200.

G Hall

 Chairman

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hearing_type: Old Hearing

Rules: 869.3.b

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