Archive Decision

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Winton HRC 7 September 2014 – R 10

ID: JCA10894

Applicant:
Mr C Allison - Stipendiary Steward

Respondent(s):
Mr R McIlwrick - Driver of LEO

Other Person:
Mr N Williamson - Mr McIlwrick's Employer

Information Number:
A1748

Hearing Type:
Hearing

New Charge:
Careless driving

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Winton HRC - 7 September 2014

Meet Chair:
NSkelt

Race Date:
2014/09/07

Race Number:
R 10

Decision:

As Mr McIlwrick admitted the breach the charge was found proved.

Penalty:

Mr McIlwrick was fined the sum of $200.00 and reminded of his professional obligations.

Facts:

Following the running of Race 10 the AB Lime Mobile Pace an information (A 1748) was filed by Stipendiary Steward Mr C Allison against Junior Horseman Mr R McIlwrick alleging that Mr McIlwrick as the driver of Leo (7) drove carelessly when he allowed “Leo” to strike the sulky wheel of Phoenix Warriors (10) (C Ferguson) causing Leo to break passing the 300 metres.

The Rule reads 869(3) (b):

No horseman in any race shall driver his horse (b) carelessly.

Mr McIlwrick admitted the breach.

Stipendiary Steward Mr Allison showed the film of the alleged incident, highlighting Leo racing in the three wide line, following Phoenix Warrior about the 300 metre mark from the finishing post. Leo struck the wheel of Phoenix Warrior and lost five or six lengths as a result of the incident.

Mr N Williamson who was supporting Mr McIlwrick stated that Leo was racing keenly, and that Mr McIlwrick simply made an error of judgement.

Submissions for Penalty:

Mr Allison stated that Mr McIlwrick had admitted the breach at the earliest possible time. He also stated that in his opinion the breach was at the low end of carelessness, and that the only horse that was affected was “Leo” driven by Mr McIlwrick.

Mr Allison confirmed that Mr McIlwrick had 162 drives in the 2013/2014 season, and six drives this season (2014).  Mr Allison stated that Mr McIlwrick has an excellent driving record with no breaches under any rule in the previous 12 months.

Mr Williamson stated that it was likely Mr McIlwrick could have a drive at the Oamaru meeting on the 14th September 2014 in a Junior Drivers race, and also some drives at the Invercargill meeting on the 19th September 2014.

The judicial control penalty guide recommends a starting point of $400.00 or 8 drives for this breach.

Reasons for Penalty:

In deciding penalty Mr McIlwrick has been given credit for his early admission of the breach, and also that the breach was at the low end of the scale. Further credit was given for his excellent driving record over the previous 12 months and also that only his horse was affected in the incident by his error of judgement.

JCA Decision Fields (raw)

Dmitry: This section contains all JCA fields migrated from the raw data.

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: 0f42c1e64ba7477c744668b463b44ba5


informantnumber: A1748


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: Careless driving


plea: admitted


penaltyrequired: 1


decisiondate: 28/08/2014


hearing_title: Winton HRC 7 September 2014 - R 10


charge:


facts:

Following the running of Race 10 the AB Lime Mobile Pace an information (A 1748) was filed by Stipendiary Steward Mr C Allison against Junior Horseman Mr R McIlwrick alleging that Mr McIlwrick as the driver of Leo (7) drove carelessly when he allowed “Leo” to strike the sulky wheel of Phoenix Warriors (10) (C Ferguson) causing Leo to break passing the 300 metres.

The Rule reads 869(3) (b):

No horseman in any race shall driver his horse (b) carelessly.

Mr McIlwrick admitted the breach.

Stipendiary Steward Mr Allison showed the film of the alleged incident, highlighting Leo racing in the three wide line, following Phoenix Warrior about the 300 metre mark from the finishing post. Leo struck the wheel of Phoenix Warrior and lost five or six lengths as a result of the incident.

Mr N Williamson who was supporting Mr McIlwrick stated that Leo was racing keenly, and that Mr McIlwrick simply made an error of judgement.


appealdecision:


isappeal:


submissionsfordecision:


reasonsfordecision:


Decision:

As Mr McIlwrick admitted the breach the charge was found proved.


sumissionsforpenalty:

Mr Allison stated that Mr McIlwrick had admitted the breach at the earliest possible time. He also stated that in his opinion the breach was at the low end of carelessness, and that the only horse that was affected was “Leo” driven by Mr McIlwrick.

Mr Allison confirmed that Mr McIlwrick had 162 drives in the 2013/2014 season, and six drives this season (2014).  Mr Allison stated that Mr McIlwrick has an excellent driving record with no breaches under any rule in the previous 12 months.

Mr Williamson stated that it was likely Mr McIlwrick could have a drive at the Oamaru meeting on the 14th September 2014 in a Junior Drivers race, and also some drives at the Invercargill meeting on the 19th September 2014.

The judicial control penalty guide recommends a starting point of $400.00 or 8 drives for this breach.


reasonsforpenalty:

In deciding penalty Mr McIlwrick has been given credit for his early admission of the breach, and also that the breach was at the low end of the scale. Further credit was given for his excellent driving record over the previous 12 months and also that only his horse was affected in the incident by his error of judgement.


penalty:

Mr McIlwrick was fined the sum of $200.00 and reminded of his professional obligations.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr C Allison - Stipendiary Steward


JockeysandTrainer: Mr R McIlwrick - Driver of LEO


Otherperson: Mr N Williamson - Mr McIlwrick's Employer


PersonPresent:


Respondent:


StipendSteward:


raceid: 355d1d9a86dc583efcb0e8098d562ccf


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 10


submittochair:


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meet_noreport: 0


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meetdate: 07/09/2014


meet_title: Winton HRC - 7 September 2014


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tracklocation: winton-hrc


meet_racingtype: harness-racing


meet_chair: NSkelt


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meet_pm2: none


name: Winton HRC