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08 Sep 2018
Winton-Hrc - R 5

Winton HRC 8 September 2018 - R 5 - Chair, Prof G Hall

Created on 11 September 2018

Committee:
GHall (chair)
MConway
Name(s):
Mr S Walkinshaw - Open Horseman
Informant
Mr S Wallis - Stipendiary Steward
Information Number
A10541
Plea:
Admitted
Charge:
Excessive use of the whip
Evidence:

Mr Wallis, Stipendiary Steward, alleged that Mr Walkinshaw used his whip on more occasions than permitted in clause (b) of the Use of the Whip Regulations on his drive POLDARK in race 5, the DOWNBYTHESEASIDE NEW TO WOODLANDS STUD MOBILE PACE.

Rule 869 provides as follows:
(2) No horseman shall during any race use a whip in a manner in contravention of the Use of the Whip Regulations made by the Board.

The Use of the Whip Regulations provide:
(b) No horseman is permitted to use their whip in a striking motion on more than ten occasions inside the final 400 metres. This is inclusive of “backhanders” and the use applies to the horse, harness and/or sulky.

Mr Walkinshaw admitted the breach and did not wish to be present at the hearing.

Mr Wallis, Stipendiary Steward, demonstrated the alleged breach on the videos. Mr Walkinshaw was three wide without cover approaching the 400 metres. There were 5 strikes on the bend and 9 in the straight. Mr Walkinshaw eventually put the whip away and urged his horse to the line.

Mr Wallis said that Mr Walkinshaw had stated when spoken to by the Stewards that he was unaware that a strike with a hand on the rein counted as a strike. He had accepted, however, that it was his responsibility to acquaint himself with the Rules.

Decision:

As Mr Walkinshaw has admitted the breach, it is found to be proved.

Submission For Penalty:

Mr Wallis produced the respondent’s record. Mr Walkinshaw has had 7 drives this season and 145 drives last season. Mr Walkinshaw had a previous breach of this rule on 9 June at Invercargill when he was fined $200.

Mr Wallis submitted a 3-day suspension was appropriate.

Reasons For Penalty:

The count for Mr Walkinshaw is 14. He has agreed that this is the number.

The Penalty Guide provides for a suspension of 3 to 5 days fine for a second breach. There are no aggravating or mitigating factors that require an adjustment to this starting point. 

Penalty:

Mr Walkinshaw is suspended from the end of racing today up to and including 6 October. This is 3 Southland days.

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