NZ Metro TC – 23 November 2007 – Race 9

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startdate: 23/11/2007

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hearing_title: NZ Metro TC - 23 November 2007 - Race 9

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Decision:

Following the running of Race 9, The Southern Trust Dominion Trotting Handicap, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw, as the driver of WHATSUNDERMYKILT in the Race, "used his whip excessively over the concluding stages".

Following the running of Race 9, The Southern Trust Dominion Trotting Handicap, an information was filed by Stipendiary Steward, Mr N G McIntyre, against Licensed Junior Driver, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw, as the driver of WHATSUNDERMYKILT in the Race, "used his whip excessively over the concluding stages".

Mr Walkinshaw was present at the hearing of the information and admitted the breach. Mr McIntyre told the Committee that Mr Walkinshaw, as a Junior Driver, had been advised of his right to be assisted by a senior horseman. Mr Walkinshaw confirmed to the Committee that he waived that right.

Mr McIntyre stated that the Stipendiary Stewards were alleging that Mr Walkinshaw, from the 400 metres to the winning post, used his whip 25 times which they believed was excessive and too much. Mr N M Ydgren, Stipendiary Steward, showed video replays of the final 300-400 metres of the Race and pointed out Mr Walkinshaw driving WHATSUNDERMYKILT.

Mr Walkinshaw did not dispute the number of times that it was alleged that he had used the whip. He acknowledged that he had given the horse "too many".

In relation to penalty, Mr McIntyre submitted that the Committee should take into account Mr Walkinshaw’s frank admission of the breach but also that the Race was a Group 1 Race. Mr Walkinshaw had no breaches of the whip Rule within the previous 12 months, Mr McIntytre said. He recommended a fine in the range of $350-450.

Mr Walkinshaw did not wish to say anything in relation to penalty.

In arriving at penalty, the Committee took into account the following matters:

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• Mr Walkinshaw’s frank admission of the breach;
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• His previous good record;
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• His Junior Driver status; and
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• The status of the Race (Group1) and the stake payable ($150,000).pursuant to Rule 1114 (2) (a) and (b).
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Mr Walkinshaw was fined the sum of $350.

R G McKenzie

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hearing_type: Old Hearing

Rules: 869.2.a, 1114.2.a

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raceid: 8598d45706fd0e824af3025ef6a3593b

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race_title: Race 9

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meetdate: 23/11/2007

meet_title: NZ Metro TC - 23 November 2007

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tracklocation: nz-metro-tc

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name: NZ Metro TC