Archive Decision

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Invercargill HRC 10 June 2017 – R 9 – Chair, Mr P Knowles

ID: JCA13936

Applicant:
Mr S Renault - Stipendiary Steward

Respondent(s):
Mr SP Walkinshaw - Senior Horseman

Information Number:
A09606

Hearing Type:
Hearing

New Charge:
869 (2) (a)

Rules:
Excessive use whip

Plea:
admitted

Meet Title:
Invercargill HRC - 10 June 2017

Meet Chair:
PKnowles

Meet Committee Member 1:
VMUnro

Race Date:
2017/06/10

Race Number:
R 9

Decision:

Mr Walkinshaw admitted the breach and it is found proved.

Penalty:

Mr Walkinshaw is suspended from the conclusion of today up to and including Forbury Park on June 29th 2017 (4 days). These include Forbury Park 15th, Oamaru 18th Forbury Park 22nd and 29th June.

Facts:

Mr S Renault lodged an information alleging a breach of rules 869 (2) (a) in that Mr Walkinshaw used his whip in an excessive manner inside the final 400m when driving out CULLENS AVENUE in the Foveaux Communications Mobile Pace.

Rule 869 reads

(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 admitted the breach and did not attend the hearing.

With the use of the video replays Mr Renault stated Mr Walkinshaw was three back on the pole line when entering the home straight. He said Mr Walkinshaw shifted wide to gain clear racing room and after activating the removable earplugs was observed to strike his horse 13 times from just inside the 200m mark to the finish. He said the strikes were a combination of free of the rein and hand on the rein with several breaks.

Submissions for Penalty:

Mr Renault stated that Mr Walkinshaw has a poor record under excessive use of the whip, having previously been charged on two other occasions inside the last six months. The breach was not at the high end but as it was his third breach he was seeking a suspension of four to five days. Mr Walkinshaw did not attend the hearing and did not leave any specific submissions on penalty other than to seek a deferment until Oamaru on the 18th June. If deferment was not possible then he would take the suspension as of today.

Reasons for Penalty:

Mr Walkinshaw is charged with excessive use of the whip, his third breach within six months. Previous breaches were on the 19th February ($300) and 11th March (suspended three days). We adopt a starting point of four days and increase that to five due to this being the third breach within six months. As the breach was at the lower end of the scale and the use of the whip was in no way excessive (force) we give Mr Walkinshaw credit for that. Mr Walkinshaw’s request for a deferment until after the Oamaru meeting on the 18th June falls outside the seven day period so any suspension will start from the conclusion of today’s racing.

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: 82973c260fcd43a422dd991570fd27b3


informantnumber: A09606


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 869 (2) (a)


plea: admitted


penaltyrequired: 1


decisiondate: 14/06/2017


hearing_title: Invercargill HRC 10 June 2017 - R 9 - Chair, Mr P Knowles


charge:


facts:

Mr S Renault lodged an information alleging a breach of rules 869 (2) (a) in that Mr Walkinshaw used his whip in an excessive manner inside the final 400m when driving out CULLENS AVENUE in the Foveaux Communications Mobile Pace.

Rule 869 reads

(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 admitted the breach and did not attend the hearing.

With the use of the video replays Mr Renault stated Mr Walkinshaw was three back on the pole line when entering the home straight. He said Mr Walkinshaw shifted wide to gain clear racing room and after activating the removable earplugs was observed to strike his horse 13 times from just inside the 200m mark to the finish. He said the strikes were a combination of free of the rein and hand on the rein with several breaks.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

Mr Walkinshaw admitted the breach and it is found proved.


sumissionsforpenalty:

Mr Renault stated that Mr Walkinshaw has a poor record under excessive use of the whip, having previously been charged on two other occasions inside the last six months. The breach was not at the high end but as it was his third breach he was seeking a suspension of four to five days. Mr Walkinshaw did not attend the hearing and did not leave any specific submissions on penalty other than to seek a deferment until Oamaru on the 18th June. If deferment was not possible then he would take the suspension as of today.


reasonsforpenalty:

Mr Walkinshaw is charged with excessive use of the whip, his third breach within six months. Previous breaches were on the 19th February ($300) and 11th March (suspended three days). We adopt a starting point of four days and increase that to five due to this being the third breach within six months. As the breach was at the lower end of the scale and the use of the whip was in no way excessive (force) we give Mr Walkinshaw credit for that. Mr Walkinshaw’s request for a deferment until after the Oamaru meeting on the 18th June falls outside the seven day period so any suspension will start from the conclusion of today’s racing.


penalty:

Mr Walkinshaw is suspended from the conclusion of today up to and including Forbury Park on June 29th 2017 (4 days). These include Forbury Park 15th, Oamaru 18th Forbury Park 22nd and 29th June.


hearing_type: Hearing


Rules: Excessive use whip


Informant: Mr S Renault - Stipendiary Steward


JockeysandTrainer: Mr SP Walkinshaw - Senior Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 279d763fb3c5a51e7341c1ae06998e42


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 9


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 857d1385986ce5d25d1b5f5261ac63de


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/06/2017


meet_title: Invercargill HRC - 10 June 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: VMUnro


meet_pm2: none


name: Invercargill HRC