Archive Decision

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Banks Peninsula TC 6 April 2011 – R3

ID: JCA14855

Applicant:
K R Williams, Stipendiary Steward

Respondent(s):
S P Walkinshaw, Licensed Open Driver

Information Number:
69150

Hearing Type:
Hearing

Rules:
869 (3) (b)

Plea:
admitted

Meet Title:
Banks Peninsula TC - 6 April 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
PRosanowski

Race Date:
2011/04/06

Race Number:
R3

Decision:

The charge was found proved.

Penalty:

Mr Walkinshaw was fined the sum of $200.

 

Charge:

Careless driving.

Facts:

Following the running of Race 3, Ellesmere Transport Limited Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (3) (b) in that Mr Walkinshaw, as the driver of LIVE JAZZ in the race, “drove carelessly passing the 150 metres when shifting ground inwards resulting in LIVE JAZZ breaking and STYX NINETY NINE (L F O’Reilly) and LIBERALITUS (C J De Filippi) being placed in restricted room”.

Rule 869 provides as follows:
(2) No horseman in any race shall drive:-
(b) carelessly.

Mr Walkinshaw had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The breach was found proved accordingly.

Submissions for Decision:

Mrs Williams had Stipendiary Steward, Mr S Wallis, show side-on and head-on video replays of the final 300 metres of the race. He pointed out Mr Walkinshaw, driving LIVE JAZZ, looking for racing room. He attempted to take a gap on his inside between TOWNEY and STYX NINETY NINE. Mr Wallis submitted that there was no room and Mr Walkinshaw’s horse had to be checked and caused checks to the two runners on his inside, STYX NINETY NINE and LIBERALITUS.

Mrs Williams said that Mr Walkinshaw’s explanation was that Mr O’Reilly’s horse was stopping quicker than he thought. Mr Walkinshaw had been anticipating a run between Mr Keast (TOWNEY) and Mr O’Reilly but there was never sufficient room. Mr O’Reilly’s horse had led but tired in the run home, Mrs Williams said.

Submissions for Penalty:

Mrs Williams submitted that the breach was at the lower end of the scale and informed the Committee that Mr Walkinshaw had a clear record under the Rule. She submitted that a fine of $200 was appropriate.

Reasons for Penalty:

In determining penalty, the Committee took into account Mr Walkinshaw’s admission of the breach and his clear record.

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: 845c52bc5b6134203877efa031e479a9


informantnumber: 69150


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 24/02/2011


hearing_title: Banks Peninsula TC 6 April 2011 - R3


charge:

Careless driving.


facts:

Following the running of Race 3, Ellesmere Transport Limited Mobile Pace, an information was filed by Stipendiary Steward, Mrs K R Williams, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (3) (b) in that Mr Walkinshaw, as the driver of LIVE JAZZ in the race, “drove carelessly passing the 150 metres when shifting ground inwards resulting in LIVE JAZZ breaking and STYX NINETY NINE (L F O’Reilly) and LIBERALITUS (C J De Filippi) being placed in restricted room”.

Rule 869 provides as follows:
(2) No horseman in any race shall drive:-
(b) carelessly.

Mr Walkinshaw had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information. The breach was found proved accordingly.


appealdecision:


isappeal:


submissionsfordecision:

Mrs Williams had Stipendiary Steward, Mr S Wallis, show side-on and head-on video replays of the final 300 metres of the race. He pointed out Mr Walkinshaw, driving LIVE JAZZ, looking for racing room. He attempted to take a gap on his inside between TOWNEY and STYX NINETY NINE. Mr Wallis submitted that there was no room and Mr Walkinshaw’s horse had to be checked and caused checks to the two runners on his inside, STYX NINETY NINE and LIBERALITUS.

Mrs Williams said that Mr Walkinshaw’s explanation was that Mr O’Reilly’s horse was stopping quicker than he thought. Mr Walkinshaw had been anticipating a run between Mr Keast (TOWNEY) and Mr O’Reilly but there was never sufficient room. Mr O’Reilly’s horse had led but tired in the run home, Mrs Williams said.


reasonsfordecision:


Decision:

The charge was found proved.


sumissionsforpenalty:

Mrs Williams submitted that the breach was at the lower end of the scale and informed the Committee that Mr Walkinshaw had a clear record under the Rule. She submitted that a fine of $200 was appropriate.


reasonsforpenalty:

In determining penalty, the Committee took into account Mr Walkinshaw’s admission of the breach and his clear record.


penalty:

Mr Walkinshaw was fined the sum of $200.

 


hearing_type: Hearing


Rules: 869 (3) (b)


Informant: K R Williams, Stipendiary Steward


JockeysandTrainer: S P Walkinshaw, Licensed Open Driver


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: a37a409545daf550bdd48565e67df520


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R3


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 4379cd57970b2117745c81ebb362465a


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 06/04/2011


meet_title: Banks Peninsula TC - 6 April 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RMcKenzie", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}]


meet_otherexp:


tracklocation: banks-peninsula-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: PRosanowski


meet_pm2: none


name: Banks Peninsula TC