Winton HRC 17 November 2024 – R7 – Shane Walkinshaw

Mr Munro alleged that in Race 7, Mr Walkinshaw (FRANCO HUNTINGTON) used his whip with more than a wrist flicking motion in the run home.

Mr Munro demonstrated the incident on the videos. The Respondent was urging his horse at the top of the straight and his whip can be seen to be raised above shoulder height for some 2 strikes. As the field proceeded to race down the straight there was a mixture of strikes, some of which were compliant, others not, before Mr Walkinshaw returned to a purely compliant action late in the run home. Mr Munro said an aggravating factor was that Mr Walkinshaw had been warned last week about his non-compliant action.

Mr Walkinshaw accepted the Stewards’ analysis of the video and agreed a couple of strikes were more than just wrist. He said he thought the warning was about the height of his whip action, rather than the fact he was not adopting a wrist flicking motion.

Decision

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

Submissions as to Penalty

Mr Munro produced the Respondent’s record, which showed that Mr Walkinshaw has had 43 drives this season and 11 the last. His record is clear under this Rule. He added that Mr Walkinshaw was in full-time employment and was now participating in the Industry as a hobby. Mr Munro submitted the breach was low-range, due to Mr Walkinshaw returning to a compliant action.

Mr Walkinshaw reiterated he had not realised the warning related to the need to use a wrist flicking motion.

Reasons for Penalty

The breach is low-range. Mr Walkinshaw has a clear record under this Rule. He has used his whip in breach of the Whip Rule and the Whip and Rein Regulations for a distance in the home straight. The Penalty Guide provides a starting point of a fine of $300 or a 2-day suspension for a first such breach. Mr Walkinshaw ran 3rd in the race. An aggravating factor is the very recent warning and that the first 2 strikes are clearly visibly above shoulder height. There is a mixture of strikes from this point on, although Mr Walkinshaw does eventually comply. A penalty at the starting point is appropriate in these circumstances.

Conclusion

Mr Walkinshaw is fined the sum of $300.