Archive Decision

This decision has been migrated from the JCA website. Information is accurate but formatting may differ from contemporary decisions. Please contact us for any further enquiries.

Invercargill HRC 27 May 2017 – R 7 – Prof G Hall

ID: JCA11317

Applicant:
Mr N Ydgren - Chief Stipendiary Steward

Respondent(s):
Mr S Walkinshaw - Senior Horseman

Information Number:
A9368

Hearing Type:
Hearing

New Charge:
Careless Driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Invercargill HRC - 27 May 2017

Meet Chair:
GHall

Meet Committee Member 1:
PKnowles

Race Date:
2017/05/27

Race Number:
R 7

Decision:

As Mr Walkinshaw has admitted the breach, it is found to be proved.

Penalty:

Mr Walkinshaw is fined the sum of $300.

Facts:

Mr Ydgren, Chief Stipendiary Steward, charged Mr Walkinshaw (RYDGEMONT MILLY) with a breach of rule 869(3)(b) (careless driving), in that in race 7, the SOUTHLAND FARM MACHINERY FIRE OF 2016 HANDICAP TROT, he shifted inwards near the 600 metres causing POPPYMALDA to be taken inwards and make contact with the sulky wheel of LARCH, which punctured.

Mr Ydgren demonstrated that Mr Walkinshaw driving RYDGEMONT MILLY was 3rd last in the 2 wide line. He shifted outwards to a three wide position near the 650 metres. However, soon after RYDGEMONT MILL was directed inwards to re-assume its position in the two wide line. This inwards movement caused POPPYMALDA to be taken inwards and make contact with the sulky wheel of LARCH.
Mr Ydgren stated it appeared that after coming out into the 3 wide line Mr Walkinshaw had quickly realised that Mr Lee, who was in front of him, was “going nowhere” and he had decided to come back into the spot he had just vacated. However, Mr Purvis (POPPYMALDA) had established himself in Mr Walkinshaw’s old position and he was eased down on the track. Mr Purvis restrained POPPYMALDA and came into contact with LARCH.
Mr Walkinshaw admitted the breach and Mr Ydgren informed this Committee that Mr Walkinshaw was adamant he did not wish to be present at the hearing. Mr Walkinshaw had emphasised to Mr Ydgren that he had not made contact with Mr Purvis. He had also said to him that he believed he had never been fully established in the 3 wide line and was thus able to go back in.

Submissions for Penalty:

Mr Ydgren produced the respondent’s record which evidenced 2 breaches of this rule over the past season. Neither was within the last 4 months, and thus the starting point in the JCA Penalty Guide was a fine of $500.

Mr Ydgren described the breach as low to mid range. While LARCH had punctured a tyre, the horse had also locked wheels later in the race, which had had a significant effect on the horse’s chances. He submitted a fine in the vicinity of $250 was appropriate.

Reasons for Penalty:

We believe the breach is at the bottom end of mid range. Mr Walkinshaw has shifted out, realised he was in no better position to progress forward, and has attempted to return to his previous position in the field. Unfortunately POPPYMALDA, Mr Purvis, had taken up that spot and, in coming back in, the respondent has forced Mr Purvis to restrain his horse, shift inwards, and come into contact with LARCH. That horse received a punctured tyre but was more severely inconvenienced when locking wheels later in the race. Mr Walkinshaw did not come into contact with Mr Purvis.

Mr Walkinshaw has 2 previous breaches of this rule, although neither is within the past 4 months. We take a $500 starting point and after a reduction for the low end nature of the breach and its admission, we reach a figure of $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: 15ca2a8ea3523c42fd448f52273a2842


informantnumber: A9368


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless Driving


plea: admitted


penaltyrequired: 1


decisiondate: 28/05/2017


hearing_title: Invercargill HRC 27 May 2017 - R 7 - Prof G Hall


charge:


facts:

Mr Ydgren, Chief Stipendiary Steward, charged Mr Walkinshaw (RYDGEMONT MILLY) with a breach of rule 869(3)(b) (careless driving), in that in race 7, the SOUTHLAND FARM MACHINERY FIRE OF 2016 HANDICAP TROT, he shifted inwards near the 600 metres causing POPPYMALDA to be taken inwards and make contact with the sulky wheel of LARCH, which punctured.

Mr Ydgren demonstrated that Mr Walkinshaw driving RYDGEMONT MILLY was 3rd last in the 2 wide line. He shifted outwards to a three wide position near the 650 metres. However, soon after RYDGEMONT MILL was directed inwards to re-assume its position in the two wide line. This inwards movement caused POPPYMALDA to be taken inwards and make contact with the sulky wheel of LARCH.
Mr Ydgren stated it appeared that after coming out into the 3 wide line Mr Walkinshaw had quickly realised that Mr Lee, who was in front of him, was “going nowhere” and he had decided to come back into the spot he had just vacated. However, Mr Purvis (POPPYMALDA) had established himself in Mr Walkinshaw’s old position and he was eased down on the track. Mr Purvis restrained POPPYMALDA and came into contact with LARCH.
Mr Walkinshaw admitted the breach and Mr Ydgren informed this Committee that Mr Walkinshaw was adamant he did not wish to be present at the hearing. Mr Walkinshaw had emphasised to Mr Ydgren that he had not made contact with Mr Purvis. He had also said to him that he believed he had never been fully established in the 3 wide line and was thus able to go back in.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr Walkinshaw has admitted the breach, it is found to be proved.


sumissionsforpenalty:

Mr Ydgren produced the respondent’s record which evidenced 2 breaches of this rule over the past season. Neither was within the last 4 months, and thus the starting point in the JCA Penalty Guide was a fine of $500.

Mr Ydgren described the breach as low to mid range. While LARCH had punctured a tyre, the horse had also locked wheels later in the race, which had had a significant effect on the horse’s chances. He submitted a fine in the vicinity of $250 was appropriate.


reasonsforpenalty:

We believe the breach is at the bottom end of mid range. Mr Walkinshaw has shifted out, realised he was in no better position to progress forward, and has attempted to return to his previous position in the field. Unfortunately POPPYMALDA, Mr Purvis, had taken up that spot and, in coming back in, the respondent has forced Mr Purvis to restrain his horse, shift inwards, and come into contact with LARCH. That horse received a punctured tyre but was more severely inconvenienced when locking wheels later in the race. Mr Walkinshaw did not come into contact with Mr Purvis.

Mr Walkinshaw has 2 previous breaches of this rule, although neither is within the past 4 months. We take a $500 starting point and after a reduction for the low end nature of the breach and its admission, we reach a figure of $300.


penalty:

Mr Walkinshaw is fined the sum of $300.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr N Ydgren - Chief Stipendiary Steward


JockeysandTrainer: Mr S Walkinshaw - Senior Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 46cecf1b1316d1274a4b4c715014fb09


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 8b5a2a5a2fecf0b0a0bab5463263614e


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 27/05/2017


meet_title: Invercargill HRC - 27 May 2017


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: invercargill-hrc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: PKnowles


meet_pm2: none


name: Invercargill HRC