Banks Peninsula TC – 29 December 2008 – Race 1
ID: JCA21316
Hearing Type (Code):
harness-racing
Meet Title:
Banks Peninsula TC - 29 December 2008
Race Date:
2008/12/29
Race Number:
Race 1
Decision:
Following the running of Race 1, Phil Murfitt Orthodontist Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw “used his whip excessively in the run home whilst driving ELEGANT MEE”.
DECISION AND REASONS:
--Following the running of Race 1, Phil Murfitt Orthodontist Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw “used his whip excessively in the run home whilst driving ELEGANT MEE”.
----
Mr Walkinshaw had signed the “Statement by the Defendant” on the information form indicating, firstly, that he admitted the breach of the Rule and, secondly, that he did not wish to be present at the hearing of the information. The charge was found to be proved accordingly.
----
Rule 869 (2) provides as follows:
--(2) No horseman shall during any race:-
--(a) use his whip in an unnecessary, excessive or improper manner.
----
Mr Ydgren showed video replays of the final 300-400 metres of the Race. He pointed out Mr Walkinshaw driving ELEGANT MEE use the whip on 22-23 occasions. The use of the whip had been “broken up” on a couple of occasions by running the whip through the tail. However, Mr Ydgren said, 22-23 times was “too many”, as Mr Walkinshaw had admitted to the Stewards. Mr Ydgren said that Mr Walkinshaw had expressed regret for his actions.
----
Mr Ydgren informed the Committee that Mr Walkinshaw had committed a breach of the Rule at Kaikoura on 3 November 2008 and had been fined $350. He said that that fine could be explained by the fact that the Race was the Kaikoura Cup and the Judicial Committee had, on that occasion, taken into account the status of the Race and the stake payable. Mr Ydgren recommended a fine of $250.
----
The Committee took into account Mr Walkinshaw’s admission of the breach and the recent breach. Mr Walkinshaw was fined the sum of $250.
----
R G McKenzie
CHAIRMANJCA 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: 9147b90bd55289ba0c57e664e0f2081e
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 29/12/2008
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: Banks Peninsula TC - 29 December 2008 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 1, Phil Murfitt Orthodontist Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw “used his whip excessively in the run home whilst driving ELEGANT MEE”.
DECISION AND REASONS:
--Following the running of Race 1, Phil Murfitt Orthodontist Pace, an information was filed by Stipendiary Steward, Mr N M Ydgren, against Licensed Junior Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw “used his whip excessively in the run home whilst driving ELEGANT MEE”.
----
Mr Walkinshaw had signed the “Statement by the Defendant” on the information form indicating, firstly, that he admitted the breach of the Rule and, secondly, that he did not wish to be present at the hearing of the information. The charge was found to be proved accordingly.
----
Rule 869 (2) provides as follows:
--(2) No horseman shall during any race:-
--(a) use his whip in an unnecessary, excessive or improper manner.
----
Mr Ydgren showed video replays of the final 300-400 metres of the Race. He pointed out Mr Walkinshaw driving ELEGANT MEE use the whip on 22-23 occasions. The use of the whip had been “broken up” on a couple of occasions by running the whip through the tail. However, Mr Ydgren said, 22-23 times was “too many”, as Mr Walkinshaw had admitted to the Stewards. Mr Ydgren said that Mr Walkinshaw had expressed regret for his actions.
----
Mr Ydgren informed the Committee that Mr Walkinshaw had committed a breach of the Rule at Kaikoura on 3 November 2008 and had been fined $350. He said that that fine could be explained by the fact that the Race was the Kaikoura Cup and the Judicial Committee had, on that occasion, taken into account the status of the Race and the stake payable. Mr Ydgren recommended a fine of $250.
----
The Committee took into account Mr Walkinshaw’s admission of the breach and the recent breach. Mr Walkinshaw was fined the sum of $250.
----
R G McKenzie
CHAIRMANsumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a, 869.2
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: a6ed879cb33457335799128500a16ae1
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: Race 1
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 965ec47081ba38520890feefb3b26e1f
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 29/12/2008
meet_title: Banks Peninsula TC - 29 December 2008
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: banks-peninsula-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: Banks Peninsula TC