Hororata TC – 27 February 2009 – Race 11

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startdate: 27/02/2009

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hearing_title: Hororata TC - 27 February 2009 - Race 11

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Decision:

This matter was adjourned from the Hororata Trotting Club’s meeting at Addington Raceway on 27 February 2009, and was heard at Ashburton on 4 March 2009.

Following the running of Race 11, the PGG Wrightson Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Mr S. P. Walkinshaw, the driver of “Joys Underworld” (12), alleging a breach of Rule 869(3)(b).  The charge was that Mr Walkinshaw drove carelessly with about 1100 metres to run when he allowed his horse to strike the sulky wheel of “Clever Vance” (7) resulting in his horse breaking.

DECISION AND REASONS:

This matter was adjourned from the Hororata Trotting Club’s meeting at Addington Raceway on 27 February 2009, and was heard at Ashburton on 4 March 2009.

Following the running of Race 11, the PGG Wrightson Mobile Pace, an information was filed by Stipendiary Steward Mr N. M. Ydgren against Mr S. P. Walkinshaw, the driver of “Joys Underworld” (12), alleging a breach of Rule 869(3)(b).  The charge was that Mr Walkinshaw drove carelessly with about 1100 metres to run when he allowed his horse to strike the sulky wheel of “Clever Vance” (7) resulting in his horse breaking.

Mr Walkinshaw is a Junior Horseman and he advised that he did not require assistance in the hearing of this matter.  Mr Walkinshaw had indicated on the information that he admitted this breach of the Rules and he confirmed this at the hearing.  He also agreed that he understood the charge and the Rule it was brought under.

Mr Ydgren used video coverage to illustrate that, with about 1100 metres to run, Mr Walkinshaw was attempting to move his horse outwards when his horse struck the wheel of Mr De Filippi’s horse which was passing him.

Mr Walkinshaw accepted that this was an error of judgement on his part.

Penalty:

In relation to penalty Mr Ydgren advised that Mr Walkinshaw had a conviction under this Rule on 29 May 2008 when he was fined $200-00, and a recent conviction on 13 February 2009 when he was also fined $200-00.  Mr Ydgren said that Mr Walkinshaw had asked that this matter be dealt with by means of a fine instead of a suspension, as he had some important drives coming up in the near future.  Mr Ydgren said that the Stipendiary Stewards believed that a fine would be appropriate in this case, but that it should be no less than $300-00, and that Mr Walkinshaw should be warned that any further breaches would result in a suspension.

Mr Walkinshaw confirmed that he would prefer a fine to a suspension for the reasons outlined by Mr Ydgren.

We adjourned to consider the matter of penalty.  We were concerned that Mr Walkinshaw had two convictions for careless driving in two weeks (13 and 27 February 2009) and that the circumstances were very similar.  To his credit Mr Walkinshaw’s other conviction was about 9 months ago, and he has had a total of 202 drives this season. 

We were satisfied that this matter could be dealt with by means of a fine, and that this should be $350-00.  On returning to the Enquiry Room we advised Mr Walkinshaw that he was fined the sum of $350-00.  We also warned Mr Walkinshaw that any future breaches of this rule would very likely result in a suspension.

J.  M. Phelan

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hearing_type: Old Hearing

Rules: 869.3.b

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race_title: Race 11

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meetdate: 27/02/2009

meet_title: Hororata TC - 27 February 2009

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