Wyndham HRC 6 November 2016 – R 4 – Chair, Mr V Munro
ID: JCA15518
Meet Title:
Wyndham HRC - 6 November 2016
Meet Chair:
VMUnro
Meet Committee Member 1:
GHall
Race Date:
2016/11/06
Race Number:
R 4
Decision:
As the respondent admitted the breach, it is found to be proved.
Penalty:
Mr Walkinshaw is fined $350. He is also reminded of his professional obligations and the fact that this is his 2nd breach in 8 months.
Facts:
Following the running of race 4, the MLT/Pioneer Tavern Mobile Pace, Mr S Wallis lodged an information alleging Mr Walkinshaw (KARLIE MONTANA) drove carelessly leaving the final bend when allowing his horse to shift outwards checking GRACE O’MALLEY with resultant checks to several other runners.
Mr Walkinshaw admitted the breach.
Mr Wallis stated that Mr Walkinshaw was leading on KARLIE MONTANA coming into the final bend. The horse was tiring and he alleged Mr Walkinshaw had allowed his horse to drift out and, in so doing he had come into contact with Mr Hunter’s drive GRACE O’MALLEY. That horse broke, which caused several other runners to break as well with a ripple effect. He noted also that GRACE O’MALLEY was hanging slightly around the bend.
Mr Walkinshaw explained that his horse KARLIE MONTANA was tired. He knew the horse behind was close as it had been hard on his helmet, so he stayed where he was rather than shift in. He said it had not helped that GRACE O’MALLEY was hanging in. Mr Walkinshaw also stated that he should have pulled his horse KARLIE MONTANA down but did not want to chop the legs of the trailing horse.
Submissions for Penalty:
Mr Wallis stated that Mr Walkinshaw was a busy driver with 44 drives so far this season and last season a total of 347 drives. He had a clear record this season. His last charge for similar offending was back in March 2016.
Mr Wallis stated that Mr Walkinshaw had a good record as he had in excess of 100 drives since the last fine and was seeking a fine around the $300 mark.
Mr Walkinshaw said he preferred a fine.
Reasons for Penalty:
In determining penalty the committee found this offence to be a low to mid level breach, where multiple horses were affected at a significant point of the race, namely the top of the straight. Mr Walkinshaw’s horse was tiring and coming back through the field. At the point of the bend he has moved wider on the track and come into contact with GRACE O’MALLEY, which then galloped. There was a concertina effect, with other horses further back in the field suffering interference. The respondent is correct when he says GRACE O’MALLEY was hanging but the principal reason the horses came together was the outwards movement from KARLIE MONTANA, which Mr Walkinshaw had allowed to drift wider on the track.
We take a starting point of $500. An aggravating factor is the fact that the chances of GRACE O’MALLEY were extinguished and a number of other horses were badly inconvenienced. We identify the mitigating factors as being the respondent’s frank admission of the breach and, although he has a previous breach of the rule in the past 12 months, his record is clear for the past 8 months.
JCA Decision Fields (raw)
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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: 9e1d6b7ee8a7d0367781286b10142abc
informantnumber: A8098
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: admitted
penaltyrequired: 1
decisiondate: 08/11/2016
hearing_title: Wyndham HRC 6 November 2016 - R 4 - Chair, Mr V Munro
charge:
facts:
Following the running of race 4, the MLT/Pioneer Tavern Mobile Pace, Mr S Wallis lodged an information alleging Mr Walkinshaw (KARLIE MONTANA) drove carelessly leaving the final bend when allowing his horse to shift outwards checking GRACE O’MALLEY with resultant checks to several other runners.
Mr Walkinshaw admitted the breach.
Mr Wallis stated that Mr Walkinshaw was leading on KARLIE MONTANA coming into the final bend. The horse was tiring and he alleged Mr Walkinshaw had allowed his horse to drift out and, in so doing he had come into contact with Mr Hunter’s drive GRACE O’MALLEY. That horse broke, which caused several other runners to break as well with a ripple effect. He noted also that GRACE O’MALLEY was hanging slightly around the bend.
Mr Walkinshaw explained that his horse KARLIE MONTANA was tired. He knew the horse behind was close as it had been hard on his helmet, so he stayed where he was rather than shift in. He said it had not helped that GRACE O’MALLEY was hanging in. Mr Walkinshaw also stated that he should have pulled his horse KARLIE MONTANA down but did not want to chop the legs of the trailing horse.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the respondent admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Wallis stated that Mr Walkinshaw was a busy driver with 44 drives so far this season and last season a total of 347 drives. He had a clear record this season. His last charge for similar offending was back in March 2016.
Mr Wallis stated that Mr Walkinshaw had a good record as he had in excess of 100 drives since the last fine and was seeking a fine around the $300 mark.
Mr Walkinshaw said he preferred a fine.
reasonsforpenalty:
In determining penalty the committee found this offence to be a low to mid level breach, where multiple horses were affected at a significant point of the race, namely the top of the straight. Mr Walkinshaw’s horse was tiring and coming back through the field. At the point of the bend he has moved wider on the track and come into contact with GRACE O’MALLEY, which then galloped. There was a concertina effect, with other horses further back in the field suffering interference. The respondent is correct when he says GRACE O’MALLEY was hanging but the principal reason the horses came together was the outwards movement from KARLIE MONTANA, which Mr Walkinshaw had allowed to drift wider on the track.
We take a starting point of $500. An aggravating factor is the fact that the chances of GRACE O’MALLEY were extinguished and a number of other horses were badly inconvenienced. We identify the mitigating factors as being the respondent’s frank admission of the breach and, although he has a previous breach of the rule in the past 12 months, his record is clear for the past 8 months.
penalty:
Mr Walkinshaw is fined $350. He is also reminded of his professional obligations and the fact that this is his 2nd breach in 8 months.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer: Mr S Walkinshaw - Senior Horseman driver of KARLIE MONTANA
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 5b2d0adadffdb15cdcabde0463b7953f
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 4
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 1707abd52b862abfee7d4eb2dc29baf1
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 06/11/2016
meet_title: Wyndham HRC - 6 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: wyndham-hrc
meet_racingtype: harness-racing
meet_chair: VMUnro
meet_pm1: GHall
meet_pm2: none
name: Wyndham HRC