Archive Decision

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Gore HRC 19 February 2017 – R 4 – Chair, Mr V Munro

ID: JCA15070

Applicant:
Mr S Wallis - Stipendiary Steward

Respondent(s):
Mr S Walkinshaw - Open Horseman

Information Number:
A8585

Hearing Type:
Hearing

New Charge:
Excessive use of the whip

Rules:
869(2)(a)

Plea:
admitted

Meet Title:
Gore HRC - 19 February 2017

Meet Chair:
VMUnro

Meet Committee Member 1:
GHall

Race Date:
2017/02/19

Race Number:
R 4

Decision:

Mr Walkinshaw having admitted the charge, the charge is proved.

Penalty:

Mr Walkinshaw is fined $300.

Facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Walkinshaw (MILEHIGH MAGIC) used his whip excessively over the final 400 metres of the Robyn’s Treasure Mobile Pace.

Rule 869 provides as follows:

(2) No horseman shall during any race:

(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Walkinshaw had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He also did not want to be present at the hearing.

Mr Wallis, showed a video replay of the race. He pointed out Mr Walkinshaw, driving MILEHIGH MAGIC, was racing wide around the final bend as the horses entered the home straight. After the 400 metre mark Mr Walkinshaw removed the deafeners and hit his horse twice with the whip without the reins.

He then switched back to using the reins and the whip, before crossing his hands and then using the whip, free of the reins, striking his horse a further ten times over the final 200 metres. A total of 12 strikes with the whip have been used.

Submissions for Penalty:

Mr Wallis produced Mr Walkinshaw’s record, which was clear under this rule. He is a busy driver with 347 drives last season and 98 to date this season. Mr Wallis agreed with the Committee that the strikes were quite forceful and to the horse itself.

Reasons for Penalty:

The starting point is a fine of $500 as in the JCA Penalty Guide. There are 12 strikes and MILEHIGH MAGIC was responding to these. After giving credit of $100 for each of the mitigating factors of the admission of the breach and that this is Mr Walkinshaw’s first breach of this rule, the figure is $300.

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: a31833b636780b0b0f8f9870965fdc66


informantnumber: A8585


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Excessive use of the whip


plea: admitted


penaltyrequired: 1


decisiondate: 20/02/2017


hearing_title: Gore HRC 19 February 2017 - R 4 - Chair, Mr V Munro


charge:


facts:

Mr Wallis, Stipendiary Steward, alleged that Mr Walkinshaw (MILEHIGH MAGIC) used his whip excessively over the final 400 metres of the Robyn’s Treasure Mobile Pace.

Rule 869 provides as follows:

(2) No horseman shall during any race:

(a) use his whip in an unnecessary, excessive or improper manner.

The Use of Whip Guidelines (effective from 1 December 2016) provide:

The whip shall not be used more than 10 times in the last 400 metres of a race, otherwise this will be deemed excessive use pursuant to these Guidelines.

Mr Walkinshaw had signed the Statement by the Respondent on the information form indicating that he admitted the breach. He also did not want to be present at the hearing.

Mr Wallis, showed a video replay of the race. He pointed out Mr Walkinshaw, driving MILEHIGH MAGIC, was racing wide around the final bend as the horses entered the home straight. After the 400 metre mark Mr Walkinshaw removed the deafeners and hit his horse twice with the whip without the reins.

He then switched back to using the reins and the whip, before crossing his hands and then using the whip, free of the reins, striking his horse a further ten times over the final 200 metres. A total of 12 strikes with the whip have been used.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Walkinshaw having admitted the charge, the charge is proved.


sumissionsforpenalty:

Mr Wallis produced Mr Walkinshaw’s record, which was clear under this rule. He is a busy driver with 347 drives last season and 98 to date this season. Mr Wallis agreed with the Committee that the strikes were quite forceful and to the horse itself.


reasonsforpenalty:

The starting point is a fine of $500 as in the JCA Penalty Guide. There are 12 strikes and MILEHIGH MAGIC was responding to these. After giving credit of $100 for each of the mitigating factors of the admission of the breach and that this is Mr Walkinshaw’s first breach of this rule, the figure is $300.


penalty:

Mr Walkinshaw is fined $300.


hearing_type: Hearing


Rules: 869(2)(a)


Informant: Mr S Wallis - Stipendiary Steward


JockeysandTrainer: Mr S Walkinshaw - Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 10cece9780b4c1876bcf397cc85c527c


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 4


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: f7dd294d7cc69565e812cabdb297f025


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 19/02/2017


meet_title: Gore HRC - 19 February 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: gore-hrc


meet_racingtype: harness-racing


meet_chair: VMUnro


meet_pm1: GHall


meet_pm2: none


name: Gore HRC