Oamaru HRC 30 July 2017 – R 2 – Chair, Mr P Knowles
ID: JCA10572
Meet Title:
Oamaru HRC - 30 July 2017
Meet Chair:
PKnowles
Meet Committee Member 1:
GHall
Race Date:
2017/07/30
Race Number:
R2
Decision:
Mr McIlwrick admitted the charge and it was found proved.
Penalty:
Mr McIlwrick is fined $300.
Facts:
Following the running of race 2 the NORTH OTAGO MOTOR GROUP MOBILE PACE an information was lodged alleging that Mr McIlwrick, Junior Horseman, broke a driving engagement to drive JEMMA FRANCO and was replaced by C Thornley two minutes prior to start time.
Rule 507 (1) reads:
No horseman shall break an engagement to drive a horse.
Mr McIlwrick attended the hearing and admitted the charge.
Mr Wallis stated that Stewards became aware that Mr McIlwrick was not on the track about six/seven minutes prior to start time. They knew Mr McIlwrick was on the course but could not be located. He said Mr Thornley was engaged to drive JEMMA FRANCO and was on the track about two minutes prior to start time. About that time Mr McIlwrick arrived at the birdcage but was told he was no longer engaged to drive JEMMA FRANCO.
Mr McIlwrick accepted he had made a mistake. He said a series of unfortunate events had taken place leading up to his missing his engagement on JEMMA FRANCO. He stated he had checked the Informant for his name and had not seen it down for JEMMA FRANCO. Also the trainer (N Munro) had horses in races two and three and he thought his drive was later.
He said about three minutes prior to race start he had heard his name being called and had made his way to the birdcage, but was too late.
Submissions for Penalty:
Mr Wallis stated Mr McIlwrick had had 382 drives this season and over 1200 in his career to date. He said it was the first time Mr McIlwrick had been charged under this rule. He was on course and knew he was engaged to drive the horse. Fortunately Mr Thornley was available to drive the horse otherwise it may have been scratched from the event. He stated a late driver change may also have had an impact on betting. The JCA Penalty Guide recommended a fine of $200 or a suspension of four days. Due to the lateness of the driver change he was seeking a fine between $300 and $400.
Mr McIlwrick stated he was a Junior Horseman and it was the first offence under this rule in over 1200 career drives. He had admitted the breach and recognised he had made a bad mistake. He said driving was his main income.
Reasons for Penalty:
Taking into account the submissions of the stewards we find the breach to be mid to low level. Mr Thornley was engaged very late (2 mins prior to the start) which would have caused concern to Mr Munro, the connections of the horse and the betting public. But fortunately the horse did not have to be late scratched.
We take a starting point of $200 and increase that to $400 for the breach of the rule being very late (just prior to start time), and the resulting confusion with respect to the change of driver. We give Mr McIlwrick credit for his frank admission of the breach, and his excellent driving record under this rule.
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: 02030270997a6601e39b6fbc8e153ef5
informantnumber: A09566
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Breaking a driving engagement
plea: admitted
penaltyrequired: 1
decisiondate: 01/08/2017
hearing_title: Oamaru HRC 30 July 2017 - R 2 - Chair, Mr P Knowles
charge:
facts:
Following the running of race 2 the NORTH OTAGO MOTOR GROUP MOBILE PACE an information was lodged alleging that Mr McIlwrick, Junior Horseman, broke a driving engagement to drive JEMMA FRANCO and was replaced by C Thornley two minutes prior to start time.
Rule 507 (1) reads:
No horseman shall break an engagement to drive a horse.
Mr McIlwrick attended the hearing and admitted the charge.
Mr Wallis stated that Stewards became aware that Mr McIlwrick was not on the track about six/seven minutes prior to start time. They knew Mr McIlwrick was on the course but could not be located. He said Mr Thornley was engaged to drive JEMMA FRANCO and was on the track about two minutes prior to start time. About that time Mr McIlwrick arrived at the birdcage but was told he was no longer engaged to drive JEMMA FRANCO.
Mr McIlwrick accepted he had made a mistake. He said a series of unfortunate events had taken place leading up to his missing his engagement on JEMMA FRANCO. He stated he had checked the Informant for his name and had not seen it down for JEMMA FRANCO. Also the trainer (N Munro) had horses in races two and three and he thought his drive was later.
He said about three minutes prior to race start he had heard his name being called and had made his way to the birdcage, but was too late.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
Mr McIlwrick admitted the charge and it was found proved.
sumissionsforpenalty:
Mr Wallis stated Mr McIlwrick had had 382 drives this season and over 1200 in his career to date. He said it was the first time Mr McIlwrick had been charged under this rule. He was on course and knew he was engaged to drive the horse. Fortunately Mr Thornley was available to drive the horse otherwise it may have been scratched from the event. He stated a late driver change may also have had an impact on betting. The JCA Penalty Guide recommended a fine of $200 or a suspension of four days. Due to the lateness of the driver change he was seeking a fine between $300 and $400.
Mr McIlwrick stated he was a Junior Horseman and it was the first offence under this rule in over 1200 career drives. He had admitted the breach and recognised he had made a bad mistake. He said driving was his main income.
reasonsforpenalty:
Taking into account the submissions of the stewards we find the breach to be mid to low level. Mr Thornley was engaged very late (2 mins prior to the start) which would have caused concern to Mr Munro, the connections of the horse and the betting public. But fortunately the horse did not have to be late scratched.
We take a starting point of $200 and increase that to $400 for the breach of the rule being very late (just prior to start time), and the resulting confusion with respect to the change of driver. We give Mr McIlwrick credit for his frank admission of the breach, and his excellent driving record under this rule.
penalty:
Mr McIlwrick is fined $300.
hearing_type: Hearing
Rules: 507 (1)
Informant: Mr S W Wallis -Stipendiary Steward
JockeysandTrainer: Mr R McIlwrick - Junior Horseman
Otherperson:
PersonPresent:
Respondent:
StipendSteward:
raceid: 205d5b7d1e72f072ddf8dc0b9a67ad02
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R2
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: c7aba939c33091152bd670f0e5b7ecc0
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 30/07/2017
meet_title: Oamaru HRC - 30 July 2017
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: GHall
meet_pm2: none
name: Oamaru HRC