NZ Metro TC – 16 October 2009 – Race 1
ID: JCA19773
Hearing Type (Code):
harness-racing
Meet Title:
NZ Metro TC - 16 October 2009
Race Date:
2009/10/16
Race Number:
Race 1
Decision:
Following the running of Race 1, Make-A-Wish New Zealand Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw, as the driver of EASTON FOXY LADY in the Race, “used his whip excessively in the run home”.
Following the running of Race 1, Make-A-Wish New Zealand Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw, as the driver of EASTON FOXY LADY in the Race, “used his whip excessively in the run home”.
--Mr Walkinshaw was present at the hearing of the information and indicated that he did not admit the breach.
--Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Renault stated that Mr Walkinshaw had used his whip 19 times in the run home to the winning post with no distinct pauses or alternative actions. Mr Walkinshaw, an experienced driver, was fully aware of the guidelines, Mr Renault alleged.
--Mr B D Williams, Assistant Stipendiary Steward, showed a video replay of the final 300 metres of the Race. Mr Walkinshaw could clearly be seen to use his whip 19 times as alleged by Mr Renault, from shortly after turning for home to the winning post.
--Mr Walkinshaw admitted that he had used the whip 19 times as alleged by Mr Renault. The Stewards had always allowed 18, he said. He explained that the cord to the removeable earplugs had broken and he was unable to activate them.
--Mr Walkinshaw had admitted that he used his whip on 19 occasions in the home straight. Under the guidelines, “excessive” is expressed to mean simply “too much”. Those guidelines make no reference to a permissible number of strikes. Each case has to be looked separately. On this occasion, Mr Walkinshaw used his whip 19 times, which he admitted, without any distinct pauses or acceptable alternative actions, the Committee observed. Having regard to the number of strikes, which the Committee considered to be “too much”, and the fact that there were no distinct pauses or acceptable alternative actions, the Committee was satisfied that the charge had been found proved.
--In relation to penalty, Mr Renault informed the Committee that Mr Walkinshaw had a clear record. He had 320 drives last season and has had 43 drives, to date, this season. He recommended a fine of $250.
--The Committee was of the view that the breach was in the mid-range and, taking this into account together with Mr Walkinshaw’s clear record, Mr Walkinshaw was fined the sum of $250.
--R G McKenzie J M Phelan
CHAIR Committee Member
68216
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: 6b96819dbcc93eb0203187a626099122
informantnumber:
horsename:
hearing_racingtype: harness-racing
startdate: 16/10/2009
newcharge:
plea:
penaltyrequired:
decisiondate: no date provided
hearing_title: NZ Metro TC - 16 October 2009 - Race 1
charge:
facts:
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Following the running of Race 1, Make-A-Wish New Zealand Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw, as the driver of EASTON FOXY LADY in the Race, “used his whip excessively in the run home”.
Following the running of Race 1, Make-A-Wish New Zealand Mobile Pace, an information was filed by Stipendiary Steward, Mr S P Renault, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw, as the driver of EASTON FOXY LADY in the Race, “used his whip excessively in the run home”.
--Mr Walkinshaw was present at the hearing of the information and indicated that he did not admit the breach.
--Rule 869 provides as follows:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Mr Renault stated that Mr Walkinshaw had used his whip 19 times in the run home to the winning post with no distinct pauses or alternative actions. Mr Walkinshaw, an experienced driver, was fully aware of the guidelines, Mr Renault alleged.
--Mr B D Williams, Assistant Stipendiary Steward, showed a video replay of the final 300 metres of the Race. Mr Walkinshaw could clearly be seen to use his whip 19 times as alleged by Mr Renault, from shortly after turning for home to the winning post.
--Mr Walkinshaw admitted that he had used the whip 19 times as alleged by Mr Renault. The Stewards had always allowed 18, he said. He explained that the cord to the removeable earplugs had broken and he was unable to activate them.
--Mr Walkinshaw had admitted that he used his whip on 19 occasions in the home straight. Under the guidelines, “excessive” is expressed to mean simply “too much”. Those guidelines make no reference to a permissible number of strikes. Each case has to be looked separately. On this occasion, Mr Walkinshaw used his whip 19 times, which he admitted, without any distinct pauses or acceptable alternative actions, the Committee observed. Having regard to the number of strikes, which the Committee considered to be “too much”, and the fact that there were no distinct pauses or acceptable alternative actions, the Committee was satisfied that the charge had been found proved.
--In relation to penalty, Mr Renault informed the Committee that Mr Walkinshaw had a clear record. He had 320 drives last season and has had 43 drives, to date, this season. He recommended a fine of $250.
--The Committee was of the view that the breach was in the mid-range and, taking this into account together with Mr Walkinshaw’s clear record, Mr Walkinshaw was fined the sum of $250.
--R G McKenzie J M Phelan
CHAIR Committee Member
68216
sumissionsforpenalty:
reasonsforpenalty:
penalty:
hearing_type: Old Hearing
Rules: 869.2.a
Informant:
JockeysandTrainer:
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: ccaf45baca925a61a561d207c53c3ed0
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: 1aebb2e43ac445b7fc1486e553e8ceb6
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 16/10/2009
meet_title: NZ Metro TC - 16 October 2009
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair:
meet_pm1:
meet_pm2:
name: NZ Metro TC