Archive Decision

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Forbury Park TC 31 January 2013 – R 5

ID: JCA13370

Applicant:
Mr C Allison - Stipendiary Steward

Respondent(s):
Mr R McIlwrick - Junior Horseman, Mr A Armour - Open Horseman assisting Mr McIlwrick

Information Number:
1348

Hearing Type:
Hearing

Rules:
869(3)(b)

Plea:
admitted

Meet Title:
Forbury Park TC - 31 January 2013

Meet Chair:
GHall

Meet Committee Member 1:
DSteel

Race Date:
2013/01/31

Race Number:
R 5

Decision:

As Mr McIlwrick admitted the breach we find the charge proved.

Penalty:

Mr McIlwrick is fined the sum of $275.

Charge:

Careless driving.

Facts:

Mr Allison alleged that Mr McIlwrick allowed ZARA P to shift inwards when insufficiently clear of HOT TODDY (S Golding) causing a check to HOT TODDY.

Submissions for Decision:

Mr Allison demonstrated the breach on the videos. He emphasised that the horse had been hanging but the respondent had chosen to reach down and release the removable gear when the horse was on a bend and under pressure. He accepted there “was bit happening in the race” immediately prior to the incident but the respondent was well aware there was a horse on his inner and he simply had to take more care and allow more room than he had on this occasion.

Mr Armour, speaking on Mr McIlwrick’s behalf, said the horse had suffered slight interference before the incident and that this was a mitigating factor. He said an experienced driver would have been more aware of what was happening around him and would have exercised caution because the horse was hanging.

Submissions for Penalty:

Mr Allison described the breach as mid range and submitted a fine of $300 was appropriate. Mr Armour emphasised the respondent was a junior driver and had had limited driving opportunities and his associated outgoings were high.

Mr McIlwrick emphasised the horse was hanging and said it was tough as a junior driver and he supplemented his earnings by working part-time as a stable hand.

Mr McIlwrick is a junior driver who has had 69 life-time drives. He has had 20 drives this season and 49 in the last. He has had 3 winners and he also drove in Australia early in the season. He had a previous breach 9 months ago. This was for careless driving and he was fined $200. His actions this evening have resulted in the relegation of ZARA P from 2nd to 5th and thus have cost the connections of the horse and the betting public who placed bets on the horse.

Reasons for Penalty:

We agree the breach can be described as mid-range and, taking into account that the horse was giving the respondent a difficult drive, his admission of the breach, and that he is a junior driver, we believe the matter can be dealt with by way of a fine of $275.

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: 6916621d2bd621fe7b0aafba3ddce6e8


informantnumber: 1348


horsename:


hearing_racingtype:


startdate: no date provided


newcharge:


plea: admitted


penaltyrequired: 1


decisiondate: 30/01/2013


hearing_title: Forbury Park TC 31 January 2013 - R 5


charge:

Careless driving.


facts:

Mr Allison alleged that Mr McIlwrick allowed ZARA P to shift inwards when insufficiently clear of HOT TODDY (S Golding) causing a check to HOT TODDY.


appealdecision:


isappeal:


submissionsfordecision:

Mr Allison demonstrated the breach on the videos. He emphasised that the horse had been hanging but the respondent had chosen to reach down and release the removable gear when the horse was on a bend and under pressure. He accepted there “was bit happening in the race” immediately prior to the incident but the respondent was well aware there was a horse on his inner and he simply had to take more care and allow more room than he had on this occasion.

Mr Armour, speaking on Mr McIlwrick’s behalf, said the horse had suffered slight interference before the incident and that this was a mitigating factor. He said an experienced driver would have been more aware of what was happening around him and would have exercised caution because the horse was hanging.


reasonsfordecision:


Decision:

As Mr McIlwrick admitted the breach we find the charge proved.


sumissionsforpenalty:

Mr Allison described the breach as mid range and submitted a fine of $300 was appropriate. Mr Armour emphasised the respondent was a junior driver and had had limited driving opportunities and his associated outgoings were high.

Mr McIlwrick emphasised the horse was hanging and said it was tough as a junior driver and he supplemented his earnings by working part-time as a stable hand.

Mr McIlwrick is a junior driver who has had 69 life-time drives. He has had 20 drives this season and 49 in the last. He has had 3 winners and he also drove in Australia early in the season. He had a previous breach 9 months ago. This was for careless driving and he was fined $200. His actions this evening have resulted in the relegation of ZARA P from 2nd to 5th and thus have cost the connections of the horse and the betting public who placed bets on the horse.


reasonsforpenalty:

We agree the breach can be described as mid-range and, taking into account that the horse was giving the respondent a difficult drive, his admission of the breach, and that he is a junior driver, we believe the matter can be dealt with by way of a fine of $275.


penalty:

Mr McIlwrick is fined the sum of $275.


hearing_type: Hearing


Rules: 869(3)(b)


Informant: Mr C Allison - Stipendiary Steward


JockeysandTrainer: Mr R McIlwrick - Junior Horseman, Mr A Armour - Open Horseman assisting Mr McIlwrick


Otherperson:


PersonPresent:


Respondent:


StipendSteward:


raceid: 3baf96e9e8dcb6fdc8e3610cfb08a0d4


race_expapproval:


racecancelled: 0


race_noreport: 0


race_emailed1: 0


race_emailed2: 0


race_title: R 5


submittochair:


race_expappcomment:


race_km:


race_otherexp:


race_chair:


race_pm1:


race_pm2:


meetid: 1c82b04619d371fd37ddd1079a1094fb


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 31/01/2013


meet_title: Forbury Park TC - 31 January 2013


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: forbury-park-tc


meet_racingtype: harness-racing


meet_chair: GHall


meet_pm1: DSteel


meet_pm2: none


name: Forbury Park TC