Wyndham HRC 6 November 2016 – R 4 – Chair, Mr V Munro
ID: JCA11230
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:
We find the charge proved. Mr Beck has shifted inwards when racing alongside Mr Walkinshaw, with a head advantage at best, and has not allowed sufficient room on the bend for Mr Walkinshaw, who with a horse immediately to his inside, had nowhere to go. He was squeezed for room, there was contact, and his horse galloped out of the race.
Penalty:
We fine Mr Beck the sum of $400.
Facts:
Following the running of race 4, MLT/Pioneer Tavern Mobile Pace 2400m, an Information was filed pursuant to Rule 869(3)(b). The Informant, Mr Wallis, alleged that Mr Beck (DON SEBASTIAN) drove carelessly near the 300 metres when checking Mr Walkinshaw (SKETCHING), which broke.
Mr Beck acknowledged that he understood the nature of the charge, the rule and confirmed he denied the breach.
Rule 869(3)(b) provides: No horseman in any race shall drive:- (b) carelessly.
Submissions for Decision:
Using video footage, Mr Wallis identified the two drivers concerned. Prior to the 300 metres mark, Mr Walkinshaw (SKETCHING) eases out from the pylons and into the one out one back position, posting Mr Beck (DON SEBASTIAN) legitimately three wide. Shortly after, the parked horse (CRACKAMOA) Mr Morris, is able to move down the track due to the leading horse stopping.
Mr Beck has followed this horse down the track and has placed Mr Walkinshaw in restricted room, with his horse’s back leg striking the left wheel of Mr Beck’s sulky causing SKETCHING to gallop.
Mr Wallis called Mr Walkinshaw as a witness. Mr Walkinshaw stated that coming around the final bend he was able to push Mr Beck wider and follow Mr Morris’ horse, being square on his helmet. Mr Morris’ horse had hit the lead and come down the track when doing so. Mr Beck’s horse had followed him. Mr Walkinshaw said this had given him no room to move.
Mr Walkinshaw using video footage pointed out that he had no room on his inside and his left sulky wheel was flush and rubbing the outside wheel of Mr Ferguson’s sulky who was on his inside. At the point where Mr Walkinshaw’s horse has galloped, Mr Beck’s horse has come down with the wheel of Mr Beck’s sulky coming into contact with SKETCHING’s hind leg.
When questioned by the Committee, Mr Walkinshaw confirmed that neither himself nor anyone else called or yelled during the incident. He also stated that he believed there was no pressure from the outside of Mr Beck.
Mr Beck, using the footage available, showed that his horse was still on the back of Mr Morris’ horse when Mr Walkinshaw’s horse galloped. He added that the video angles were not helpful to show how much Mr Morris had come down the track. He believed the whole horse had dropped down but when straightened Mr Morris was still half a cart width off the pylons.
Mr Beck also stated he was marginally ahead of Mr Walkinshaw when coming around the bend. There was a slight movement down but not a deliberate one nor had he taken his ground.
Mr Beck confirmed that he had no pressure from his outside nor did he hear, feel or see any contact between the 2 horses. When asked by the Committee as to why Mr Walkinshaw ran out of room, Mr Beck replied, “Just tightening”. He was also asked, “Do you believe you should have given Mr Walkinshaw more room and stayed wider on the track? Mr Beck replied, “In general racing that is how you drive, I give them as much room as possible in a normal race.”
In summing up Mr Wallis, using video footage, showed Mr Morris coming down the track to take the lead. Mr Walkinshaw’s sulky wheel is hard up against Mr Ferguson’s sulky wheel so Mr Walkinshaw cannot move inwards. Mr Beck’s wheel is half a cart on the inside of Mr Morris’ wheel. Mr Walkinshaw said contact on his horse’s outside leg by Mr Beck’s sulky wheel, caused his horse to gallop. Mr Beck said he had no pressure from his outside. The only conclusion to be drawn, Mr Wallis said, was that Mr Beck had come down onto Mr Walkinshaw.
In summing up Mr Beck said there is no visual evidence to show how much Mr Morris has come down on the track at the time Mr Walkinshaw has galloped. He reiterated he believed there had been general tightening. Mr Beck also said that his cart was about 8 inches wider than the cart of Mr Morris’ cart and that some horses throw their back leg out, which may attributed to Mr Walkinshaw’s horse breaking.
Reasons for Decision:
Near the 300 metres mark Mr Walkinshaw has legitimately pushed Mr Beck three wide on the track in order to follow Mr Morris who was one out. As the leader tired, Mr Morris was able to take the lead and came down the track in doing so. Mr Beck, who was posted 3 wide, has followed Mr Morris’ horse and caused tightening to Mr Walkinshaw on his inside. Mr Beck’s left sulky wheel has come into contact with Mr Walkinshaw’s horse’s outside hind leg causing his horse to gallop and lose all chance when travelling kindly.
The videos show that at the time the tightening has occurred Mr Walkinshaw’s left sulky wheel is flush with the outside sulky wheel of Mr Ferguson who is on his inside. With no pressure on the outside of Mr Beck, who is 3 wide, it is clear that Mr Beck has not allowed sufficient room and has come down onto Mr Walkinshaw’s horse causing it to break. Mr Ferguson was racing hard up against the markers. Just prior to Mr Walkinshaw’s galloping, Mr Ferguson’s sulky has come into contact with and dislodged a pylon.
Submissions for Penalty:
Mr Wallis stated that Mr Beck was a busy driver with 30 drives to date this season and 191 last season. He said his record is good, although there was a similar breach in January 2016.
He referred to the Penalty Guide which has starting point of 10 drives or $500 fine. He observed that Mr Beck defended the charge, and had a previous charge in January, which was within a 12 month period. The horse affected was the favourite and was travelling well at the time. He believed it was a low-end breach. However, with the consequential effects being high, this would take it to the mid range level. Mr Beck simply failed to allow room, which was a lack of judgment.
Mr Wallis submitted that the Committee should not deviate from the starting point of the Penalty Guide.
Mr Beck asked for a fine as it is hard to keep contact with drives when you are stood down.
Reasons for Penalty:
The starting point is 10 drives or $500 fine. The offending is a misjudgment on Mr Beck’s behalf as the field was entering the home straight. An aggravating factor is that his actions have affected a runner who was travelling well at a key point of the race, extinguishing Mr Walkinshaw’s chances. However, after some hesitation, we do not increase the starting point for this factor.
A mitigating factor is a clear record in the past 10 months but this has to be placed in the context of this being a 3rd breach of this rule in the past 12 months however one of these breaches was nearly 12 months ago. There is no credit available for an admission of the breach.
JCA Decision Fields (raw)
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hearingid: 12c2c2ba5fa1d4ceab4cea74755a3d3d
informantnumber: A8097
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless Driving
plea: denied
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, MLT/Pioneer Tavern Mobile Pace 2400m, an Information was filed pursuant to Rule 869(3)(b). The Informant, Mr Wallis, alleged that Mr Beck (DON SEBASTIAN) drove carelessly near the 300 metres when checking Mr Walkinshaw (SKETCHING), which broke.
Mr Beck acknowledged that he understood the nature of the charge, the rule and confirmed he denied the breach.
Rule 869(3)(b) provides: No horseman in any race shall drive:- (b) carelessly.
appealdecision:
isappeal:
submissionsfordecision:
Using video footage, Mr Wallis identified the two drivers concerned. Prior to the 300 metres mark, Mr Walkinshaw (SKETCHING) eases out from the pylons and into the one out one back position, posting Mr Beck (DON SEBASTIAN) legitimately three wide. Shortly after, the parked horse (CRACKAMOA) Mr Morris, is able to move down the track due to the leading horse stopping.
Mr Beck has followed this horse down the track and has placed Mr Walkinshaw in restricted room, with his horse’s back leg striking the left wheel of Mr Beck’s sulky causing SKETCHING to gallop.
Mr Wallis called Mr Walkinshaw as a witness. Mr Walkinshaw stated that coming around the final bend he was able to push Mr Beck wider and follow Mr Morris’ horse, being square on his helmet. Mr Morris’ horse had hit the lead and come down the track when doing so. Mr Beck’s horse had followed him. Mr Walkinshaw said this had given him no room to move.
Mr Walkinshaw using video footage pointed out that he had no room on his inside and his left sulky wheel was flush and rubbing the outside wheel of Mr Ferguson’s sulky who was on his inside. At the point where Mr Walkinshaw’s horse has galloped, Mr Beck’s horse has come down with the wheel of Mr Beck’s sulky coming into contact with SKETCHING’s hind leg.
When questioned by the Committee, Mr Walkinshaw confirmed that neither himself nor anyone else called or yelled during the incident. He also stated that he believed there was no pressure from the outside of Mr Beck.
Mr Beck, using the footage available, showed that his horse was still on the back of Mr Morris’ horse when Mr Walkinshaw’s horse galloped. He added that the video angles were not helpful to show how much Mr Morris had come down the track. He believed the whole horse had dropped down but when straightened Mr Morris was still half a cart width off the pylons.
Mr Beck also stated he was marginally ahead of Mr Walkinshaw when coming around the bend. There was a slight movement down but not a deliberate one nor had he taken his ground.
Mr Beck confirmed that he had no pressure from his outside nor did he hear, feel or see any contact between the 2 horses. When asked by the Committee as to why Mr Walkinshaw ran out of room, Mr Beck replied, “Just tightening”. He was also asked, “Do you believe you should have given Mr Walkinshaw more room and stayed wider on the track? Mr Beck replied, “In general racing that is how you drive, I give them as much room as possible in a normal race.”
In summing up Mr Wallis, using video footage, showed Mr Morris coming down the track to take the lead. Mr Walkinshaw’s sulky wheel is hard up against Mr Ferguson’s sulky wheel so Mr Walkinshaw cannot move inwards. Mr Beck’s wheel is half a cart on the inside of Mr Morris’ wheel. Mr Walkinshaw said contact on his horse’s outside leg by Mr Beck’s sulky wheel, caused his horse to gallop. Mr Beck said he had no pressure from his outside. The only conclusion to be drawn, Mr Wallis said, was that Mr Beck had come down onto Mr Walkinshaw.
In summing up Mr Beck said there is no visual evidence to show how much Mr Morris has come down on the track at the time Mr Walkinshaw has galloped. He reiterated he believed there had been general tightening. Mr Beck also said that his cart was about 8 inches wider than the cart of Mr Morris’ cart and that some horses throw their back leg out, which may attributed to Mr Walkinshaw’s horse breaking.
reasonsfordecision:
Near the 300 metres mark Mr Walkinshaw has legitimately pushed Mr Beck three wide on the track in order to follow Mr Morris who was one out. As the leader tired, Mr Morris was able to take the lead and came down the track in doing so. Mr Beck, who was posted 3 wide, has followed Mr Morris’ horse and caused tightening to Mr Walkinshaw on his inside. Mr Beck’s left sulky wheel has come into contact with Mr Walkinshaw’s horse’s outside hind leg causing his horse to gallop and lose all chance when travelling kindly.
The videos show that at the time the tightening has occurred Mr Walkinshaw’s left sulky wheel is flush with the outside sulky wheel of Mr Ferguson who is on his inside. With no pressure on the outside of Mr Beck, who is 3 wide, it is clear that Mr Beck has not allowed sufficient room and has come down onto Mr Walkinshaw’s horse causing it to break. Mr Ferguson was racing hard up against the markers. Just prior to Mr Walkinshaw’s galloping, Mr Ferguson’s sulky has come into contact with and dislodged a pylon.
Decision:
We find the charge proved. Mr Beck has shifted inwards when racing alongside Mr Walkinshaw, with a head advantage at best, and has not allowed sufficient room on the bend for Mr Walkinshaw, who with a horse immediately to his inside, had nowhere to go. He was squeezed for room, there was contact, and his horse galloped out of the race.
sumissionsforpenalty:
Mr Wallis stated that Mr Beck was a busy driver with 30 drives to date this season and 191 last season. He said his record is good, although there was a similar breach in January 2016.
He referred to the Penalty Guide which has starting point of 10 drives or $500 fine. He observed that Mr Beck defended the charge, and had a previous charge in January, which was within a 12 month period. The horse affected was the favourite and was travelling well at the time. He believed it was a low-end breach. However, with the consequential effects being high, this would take it to the mid range level. Mr Beck simply failed to allow room, which was a lack of judgment.
Mr Wallis submitted that the Committee should not deviate from the starting point of the Penalty Guide.
Mr Beck asked for a fine as it is hard to keep contact with drives when you are stood down.
reasonsforpenalty:
The starting point is 10 drives or $500 fine. The offending is a misjudgment on Mr Beck’s behalf as the field was entering the home straight. An aggravating factor is that his actions have affected a runner who was travelling well at a key point of the race, extinguishing Mr Walkinshaw’s chances. However, after some hesitation, we do not increase the starting point for this factor.
A mitigating factor is a clear record in the past 10 months but this has to be placed in the context of this being a 3rd breach of this rule in the past 12 months however one of these breaches was nearly 12 months ago. There is no credit available for an admission of the breach.
penalty:
We fine Mr Beck the sum of $400.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Wallis - Stipendiary Steward
JockeysandTrainer:
Otherperson: Mr S Walkinshaw - Open Horseman driver of SKETCHING
PersonPresent:
Respondent:
StipendSteward:
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