Archive Decision

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Wairio TC 14 October 2012 – R 7

ID: JCA14559

Applicant:
Mr C Allison, Stipendiary Steward

Respondent(s):
Mr S Walkinshaw, Senior Horseman

Information Number:
1321

Hearing Type:
Hearing

Rules:
869(4)

Plea:
admitted

Meet Title:
Wairio TC - 14 October 2012

Meet Chair:
GHall

Meet Committee Member 1:
NSkelt

Race Date:
2012/10/14

Race Number:
R7

Decision:

We find the breach proved. 

Penalty:

Mr Walkinshaw is fined the sum of $250 and Mr Allison is asked to remind him of his professional obligations. 

Charge:

Mr Allison alleged that Mr Walkinshaw drove CANARDLY LOVER in a manner that caused it to break by attempting to hold his ground when not in a position to do so.

Facts:

Mr Allison demonstrated on the videos that Mr Walkinshaw was pushed 4 wide by Mr Shirley and, in response, he attempted to hold his position and then to force Mr Shirley down on the track. The result was that the wheel of Mr Shirley’s cart came into contact with the legs of CANARDLY LOVER and that horse galloped losing its chance. He emphasised that Mr Shirley was driving in accordance with the rules as it was within the last 1000 metres of the race and that Mr Shirley had at least a neck advantage on Mr Walkinshaw when he endeavoured to push Mr Shirley back down. He pointed out that CANARDLY LOVER’s head was turned to the left and that Mr Walkinshaw was steering his horse back into Mr Shirley. 

Reasons for Decision:

Mr Walkinshaw admitted the breach. He told the stewards that he did not wish to be present at the hearing and he endorsed the information to this effect. 

Submissions for Penalty:

Mr Allison stated that Mr Walkinshaw had only recently moved to Southland. His record was very good in that he had no breaches of any rule in the last 12 months. (Mr Walkinshaw has had 22 drives this season and 223 the last.) Mr Allison described the breach as mid to high range and said that a senior horseman, such as Mr Walkinshaw, should have known better. He submitted that a fine of $250 was appropriate. 

Reasons for Penalty:

We believe the breach is appropriately viewed as being at the upper end of mid range. Mr Walkinshaw appears to have resented being moved wider on the track and has retaliated in a manner that is contrary to the rules. The consequence was that there was contact with his own horse, which then lost its chance.

We give credit to Mr Walkinshaw’s immediate admission of the breach and his very good record.

We believe a fine of $250 will hold him accountable and will deter him and others, should they be so minded, from driving in such a fashion in the future. 

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: 922e50fa85cb28430e754fa1176e512c


informantnumber: 1321


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 04/10/2012


hearing_title: Wairio TC 14 October 2012 - R 7


charge:

Mr Allison alleged that Mr Walkinshaw drove CANARDLY LOVER in a manner that caused it to break by attempting to hold his ground when not in a position to do so.


facts:

Mr Allison demonstrated on the videos that Mr Walkinshaw was pushed 4 wide by Mr Shirley and, in response, he attempted to hold his position and then to force Mr Shirley down on the track. The result was that the wheel of Mr Shirley’s cart came into contact with the legs of CANARDLY LOVER and that horse galloped losing its chance. He emphasised that Mr Shirley was driving in accordance with the rules as it was within the last 1000 metres of the race and that Mr Shirley had at least a neck advantage on Mr Walkinshaw when he endeavoured to push Mr Shirley back down. He pointed out that CANARDLY LOVER’s head was turned to the left and that Mr Walkinshaw was steering his horse back into Mr Shirley. 


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:

Mr Walkinshaw admitted the breach. He told the stewards that he did not wish to be present at the hearing and he endorsed the information to this effect. 


Decision:

We find the breach proved. 


sumissionsforpenalty:

Mr Allison stated that Mr Walkinshaw had only recently moved to Southland. His record was very good in that he had no breaches of any rule in the last 12 months. (Mr Walkinshaw has had 22 drives this season and 223 the last.) Mr Allison described the breach as mid to high range and said that a senior horseman, such as Mr Walkinshaw, should have known better. He submitted that a fine of $250 was appropriate. 


reasonsforpenalty:

We believe the breach is appropriately viewed as being at the upper end of mid range. Mr Walkinshaw appears to have resented being moved wider on the track and has retaliated in a manner that is contrary to the rules. The consequence was that there was contact with his own horse, which then lost its chance.

We give credit to Mr Walkinshaw’s immediate admission of the breach and his very good record.

We believe a fine of $250 will hold him accountable and will deter him and others, should they be so minded, from driving in such a fashion in the future. 


penalty:

Mr Walkinshaw is fined the sum of $250 and Mr Allison is asked to remind him of his professional obligations. 


hearing_type: Hearing


Rules: 869(4)


Informant: Mr C Allison, Stipendiary Steward


JockeysandTrainer: Mr S Walkinshaw, Senior Horseman


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 83575335ad57581492323046d9764a7b


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R7


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 39c5d8159d1657cb71042e375729bb63


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 14/10/2012


meet_title: Wairio TC - 14 October 2012


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: wairio-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: NSkelt


meet_pm2: none


name: Wairio TC