NZ Metro TC 9 Dcember 2010 – R 2
ID: JCA18142
Meet Title:
NZ Metro TC - 9 December 2010
Meet Chair:
RMcKenzie
Meet Committee Member 1:
JMillar
Race Date:
2010/12/09
Race Number:
R 2
Decision:
The charge was found proved.
Penalty:
Mr Walkinshaw was fined the sum of $200.
Charge:
Following the running of Race 2, Merry Christmas from MediaWorks Canterbury Mobile Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw, as the driver of CHANGE OF MIND in the race, “used the whip unnecessarily on CHANGE OF MIND with approximately 1100 metres to run after the gelding broke".
Facts:
Following the running of Race 2, Merry Christmas from MediaWorks Canterbury Mobile Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw, as the driver of CHANGE OF MIND in the race, “used the whip unnecessarily on CHANGE OF MIND with approximately 1100 metres to run after the gelding broke”.
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:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
Submissions for Decision:
At the commencement of the hearing, Mr Escott informed the Committee that no video coverage of the incident was available because the horse had been racing at the rear of the field and had not been picked up by any camera. He said that he would be relying on his own observations and those of Mrs K R Williams, Stipendiary Steward, who had also witnessed the incident.
Mr Escott said that Mr Walkinshaw had been seen to give CHANGE OF MIND “four or five decent haymakers” which, he alleged, were unnecessary. He said that his actions may have been out of frustration at the horse or in temper, but unnecessary use of the whip would not be tolerated by the Stewards.
Mrs Williams confirmed what Mr Escott had said. She added that CHANGE OF MIND had galloped prior to the 1,000 metres after which Mr Walkinshaw gave the horse “four or five very large hits”. She said that Mr Walkinshaw was attempting to catch up and then gave the horse “a couple more”.
Reasons for Decision:
The lack of any video evidence was unfortunate. However, the Committee accepted the evidence of Mr Escott and Mrs Williams. It also noted Mr Walkinshaw’s admission of the breach.
Submissions for Penalty:
Mr Escott informed the Committee that Mr Walkinshaw had no recent breaches of the whip Rule on his record. He submitted that a fine of $200 was appropriate.
Reasons for Penalty:
In determining penalty, the Committee took into account Mr Walkinshaw’s admission of the breach and his previous good record. It also had regard to the usual level of penalties for admitted breaches of the Rule where the defendant had no previous breaches.
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: f2f5cf12d8dc6c21fd82e50785281ca1
informantnumber: 69331
horsename:
hearing_racingtype:
startdate: no date provided
newcharge:
plea: admitted
penaltyrequired: 1
decisiondate: 09/12/2010
hearing_title: NZ Metro TC 9 Dcember 2010 - R 2
charge:
Following the running of Race 2, Merry Christmas from MediaWorks Canterbury Mobile Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw, as the driver of CHANGE OF MIND in the race, “used the whip unnecessarily on CHANGE OF MIND with approximately 1100 metres to run after the gelding broke".
facts:
Following the running of Race 2, Merry Christmas from MediaWorks Canterbury Mobile Trot, an information was filed by Chief Stipendiary Steward, Mr N R Escott, against Licensed Open Horseman, Mr S P Walkinshaw, alleging a breach of Rule 869 (2) (a) in that Mr Walkinshaw, as the driver of CHANGE OF MIND in the race, “used the whip unnecessarily on CHANGE OF MIND with approximately 1100 metres to run after the gelding broke”.
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:
(2) No horseman shall during any race:-
(a) use his whip in an unnecessary, excessive or improper manner.
appealdecision:
isappeal:
submissionsfordecision:
At the commencement of the hearing, Mr Escott informed the Committee that no video coverage of the incident was available because the horse had been racing at the rear of the field and had not been picked up by any camera. He said that he would be relying on his own observations and those of Mrs K R Williams, Stipendiary Steward, who had also witnessed the incident.
Mr Escott said that Mr Walkinshaw had been seen to give CHANGE OF MIND “four or five decent haymakers” which, he alleged, were unnecessary. He said that his actions may have been out of frustration at the horse or in temper, but unnecessary use of the whip would not be tolerated by the Stewards.
Mrs Williams confirmed what Mr Escott had said. She added that CHANGE OF MIND had galloped prior to the 1,000 metres after which Mr Walkinshaw gave the horse “four or five very large hits”. She said that Mr Walkinshaw was attempting to catch up and then gave the horse “a couple more”.
reasonsfordecision:
The lack of any video evidence was unfortunate. However, the Committee accepted the evidence of Mr Escott and Mrs Williams. It also noted Mr Walkinshaw’s admission of the breach.
Decision:
The charge was found proved.
sumissionsforpenalty:
Mr Escott informed the Committee that Mr Walkinshaw had no recent breaches of the whip Rule on his record. He submitted that a fine of $200 was appropriate.
reasonsforpenalty:
In determining penalty, the Committee took into account Mr Walkinshaw’s admission of the breach and his previous good record. It also had regard to the usual level of penalties for admitted breaches of the Rule where the defendant had no previous breaches.
penalty:
Mr Walkinshaw was fined the sum of $200.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: N R Escott, Chief Stipendiary Steward
JockeysandTrainer: SP Walkinshaw, Licensed Open Horseman
Otherperson: K R Williams, Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 448db23dcf941f0a4127bc708bf2c26f
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: cc219a1918bcae5ef256744225b7dbaf
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 09/12/2010
meet_title: NZ Metro TC - 9 December 2010
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: nz-metro-tc
meet_racingtype: harness-racing
meet_chair: RMcKenzie
meet_pm1: JMillar
meet_pm2: none
name: NZ Metro TC