Archive Decision

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NZ Metro TC 5 February 2011 – R 2

ID: JCA17871

Applicant:
TW Taumanu - Stipendiary Steward

Respondent(s):
SP Walkinshaw - Licensed Open Horseman

Information Number:
69100

Hearing Type:
Hearing

Rules:
869(5)

Plea:
admitted

Meet Title:
NZ Metro TC - 5 February 2011

Meet Chair:
RMcKenzie

Meet Committee Member 1:
JPhelan

Race Date:
2011/02/05

Race Number:
R 2

Decision:

The charge was found proved.

Penalty:

Mr Walkinshaw was fined the sum of $200.

Charge:

Alleging a breach of Rule 869 (5) in that Mr Walkinshaw, as the driver of LOSTA ARMBRO in the race, “failed to trail with his horse’s head behind the seat of the sulky that he was following between the 1400-1200 metres and 800-600 metres (half carting)”.

Facts:

Following the running of Race 2, United Fisheries Limited – Hoki Wedges Pace, an information was filed by Stipendiary Steward, Mr T W Taumanu, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (5) in that Mr Walkinshaw, as the driver of LOSTA ARMBRO in the race, “failed to trail with his horse’s head behind the seat of the sulky that he was following between the 1400-1200 metres and 800-600 metres (half carting)”.

Mr Walkinshaw had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:
(5) A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.

Submissions for Decision:

Mr Taumanu showed video replays of the race between the 1400 metres and the 600 metres. He pointed out Mr Walkinshaw, driving LOSTA ARMBRO, racing towards the rear of the field, in the one out line. The head-on videos of the run down the home straight (between the 1400 and the 1200 metres) and again down the back straight (between the 800 and the 600 metres) clearly showed Mr Walkinshaw trailing on the wheel of the runner he was following rather than behind the seat. Mr Taumanu stated that Mr Walkinshaw’s actions left the driver of the horse following him in two minds.

Reasons for Decision:

The Committee was satisfied that Mr Walkinshaw had committed a breach of the half-carting Rule, as alleged, by failing to trail with his horse’s head behind the seat of the sulky of the runner he was trailing. The Committee also noted Mr Walkinshaw’s admission of the breach.

Submissions for Penalty:

Mr Taumanu informed the Committee that Mr Walkinshaw had a clear record as far as breaches of the Rule were concerned.The Penalty Guide provided for a fine of $200 for a breach of the Rule.

Reasons for Penalty:

In determining penalty, the Committee took into account Mr Walkinshaw’s admission of the breach and his previous good record.

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: f833404cd0f83fc7b7759f26faae30b4


informantnumber: 69100


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 31/12/2010


hearing_title: NZ Metro TC 5 February 2011 - R 2


charge:

Alleging a breach of Rule 869 (5) in that Mr Walkinshaw, as the driver of LOSTA ARMBRO in the race, “failed to trail with his horse’s head behind the seat of the sulky that he was following between the 1400-1200 metres and 800-600 metres (half carting)”.


facts:

Following the running of Race 2, United Fisheries Limited – Hoki Wedges Pace, an information was filed by Stipendiary Steward, Mr T W Taumanu, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (5) in that Mr Walkinshaw, as the driver of LOSTA ARMBRO in the race, “failed to trail with his horse’s head behind the seat of the sulky that he was following between the 1400-1200 metres and 800-600 metres (half carting)”.

Mr Walkinshaw had signed the Statement by the Defendant on the information form indicating, firstly, that he admitted the breach and, secondly, that he did not wish to be present at the hearing of the information.

Rule 869 provides as follows:
(5) A horseman shall trail with his horse’s head behind the seat of the sulky being trailed.


appealdecision:


isappeal:


submissionsfordecision:

Mr Taumanu showed video replays of the race between the 1400 metres and the 600 metres. He pointed out Mr Walkinshaw, driving LOSTA ARMBRO, racing towards the rear of the field, in the one out line. The head-on videos of the run down the home straight (between the 1400 and the 1200 metres) and again down the back straight (between the 800 and the 600 metres) clearly showed Mr Walkinshaw trailing on the wheel of the runner he was following rather than behind the seat. Mr Taumanu stated that Mr Walkinshaw’s actions left the driver of the horse following him in two minds.


reasonsfordecision:

The Committee was satisfied that Mr Walkinshaw had committed a breach of the half-carting Rule, as alleged, by failing to trail with his horse’s head behind the seat of the sulky of the runner he was trailing. The Committee also noted Mr Walkinshaw’s admission of the breach.


Decision:

The charge was found proved.


sumissionsforpenalty:

Mr Taumanu informed the Committee that Mr Walkinshaw had a clear record as far as breaches of the Rule were concerned.The Penalty Guide provided for a fine of $200 for a breach of the Rule.


reasonsforpenalty:

In determining penalty, the Committee took into account Mr Walkinshaw’s admission of the breach and his previous good record.


penalty:

Mr Walkinshaw was fined the sum of $200.


hearing_type: Hearing


Rules: 869(5)


Informant: TW Taumanu - Stipendiary Steward


JockeysandTrainer: SP Walkinshaw - Licensed Open Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 2462a3925226a6bc7d7b2f591c1d67a6


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 2


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: d6560abf8eeee1f6d2c51f8ba81eab7b


meet_expapproval: approved


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 05/02/2011


meet_title: NZ Metro TC - 5 February 2011


meet_expappcomment:


meet_km: [{"Comment": [], "MemberRole": "Chair ", "MemberID": "RMcKenzie", "Member": "", "OtherExpenses": "0", "KMs": "0", "Total": "0.0", "kmprice": 0.0, "Approved": "on"}, {"Comment": [], "kmprice": 0.0, "MemberID": "JPhelan", "Member": "", "KMs": "0", "OtherExpenses": "0", "Total": "0.0", "MemberRole": "Panel member 1 ", "Approved": "on"}]


meet_otherexp:


tracklocation: nz-metro-tc


meet_racingtype: harness-racing


meet_chair: RMcKenzie


meet_pm1: JPhelan


meet_pm2: none


name: NZ Metro TC