Winton HRC 11 May 2024 – R7 – Shane Walkinshaw

BACKGROUND

Mr Munro alleged that Open Driver Shane Walkinshaw drove carelessly in Race 7 when striking a wheel passing the 1400 metre mark, with the tyre deflating and coming off the rim and RAKE (K Adams) retiring from the race.

Rule 869(3)(b) provides:

No driver in any race shall drive carelessly.

Mr Walkinshaw confirmed to the Adjudicative Committee his admission of the breach and his understanding of the Rule.

SUMMARY OF FACTS

Mr Munro used the available films to identify Mr Walkinshaw (JENNY GUMP) travelling back in the one-out line as the field passed the winning post with a lap to travel. He was following Ms Adams (RAKE). At approximately the 1400m mark, JENNY GUMP’S off-foreleg can be seen striking Ms Adams’ outside wheel. This was discernible when Stewards played the film close-up and in slow motion. Ms Adams was shown looking down at her wheel after contact was made. Her tyre deflated and came off the rim, forcing RAKE to be retired from the race.

Mr Walkinshaw said that before the race, the Trainer told him JENNY GUMP had hung quite badly at her previous start. Mr Walkinshaw said she was hanging in the warm-up and during the race. Accordingly, he had tried to keep his horse slightly to the outside to counteract her tendency to run in. Mr Walkinshaw said clipping Ms Adams’ wheel was his fault. He added that he had advised the Trainer to add a boring pole at her next start.

The Adjudicative Committee asked Mr Walkinshaw if there had been any change of pace at the time of the incident. He said, “there could have been a slight easing but if I’d had her (JENNY GUMP) square on the back, it wouldn’t have happened anyway.”

DECISION

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

PENALTY SUBMISSIONS

Stewards produced the Respondent’s record, which showed that Mr Walkinshaw has had 4024 lifetime drives, but just 3 drives this season and 11 the last. He could, at present, be considered a part-time Driver, Mr Munro said. The Penalty Guide states that any time a Driver hits a wheel, the consequences of this action goes to penalty, Mr Munro said.

Mitigating factors, according to Mr Munro, were Mr Walkinshaw’s prompt admission of the breach and his clear record.

An aggravating factor was that RAKE had suffered a punctured tyre in the incident and was retired from the race.

Stewards assessed the breach as mid-range because of the consequential effect of Ms Adams’ horse losing its chance in the race, and submitted that a fine in the $250-$350 range would be an appropriate penalty.

Mr Walkinshaw stated that he does not drive often. He said he could absorb a fine of about $250. If the fine was to be higher, he asked that the Adjudicative Committee considers a suspension instead.

Asked by the Adjudicative Committee to comment on the possibility of a suspension instead of a penalty, Mr Munro said the penalty had to be relevant.

REASONS FOR PENALTY

The Adjudicative Committee finds this is a mid-range breach and, in line with the Penalty Guide, takes a starting point of a $300 fine. A suspension is not considered to be an appropriate penalty in these circumstances, in part because of the need to maintain consistency and also because Mr Walkinshaw is driving so infrequently.

The Adjudicative Committee finds that Ms Adams’ horse lost its chance because Mr Walkinshaw drove carelessly. This aggravating factor warrants an uplift of $50. In mitigation, the Adjudicative Committee takes into account Mr Walkinshaw’s prompt admission of the breach and his clear record (albeit with a very small number of recent drives) and thereby reduces the fine by $50. This leaves the penalty at a $300 fine.

CONCLUSION

Open Driver Shane Walkinshaw is fined $300.