Central Otago TC 2 January 2016 – R 6 – Chair, Mr P Knowles
ID: JCA13445
Meet Title:
Central Otago TC - 2 January 2016
Meet Chair:
PKnowles
Meet Committee Member 1:
GHall
Race Date:
2016/01/02
Race Number:
R 6
Decision:
As the respondent admitted the breach, it is found to be proved.
Penalty:
Mr McIlwrick's Junior Horseman's licence is suspended from the completion of the Wyndham HRC (Cromwell) meeting on the 6th January, up to and including the Wyndham HRC meeting on the 19th January. This includes Oamaru HRC 7th January, Northern Southland HRC 14th January and Wyndham HRC 19th January.
Facts:
Following the running of race 6 the Skevington Contracting/Southern Wide Real Estate Handicap Trot, Mr C Allison lodged an Information alleging Mr McIlwrick drove carelessly when attempting to improve GOLDEN GATE inwards when insufficiently clear causing his horse to fall near the 850m mark.
Mr McIlwrick admitted the breach and appeared at the hearing assisted by Mr McNally.
Mr Allison stated that GOLDEN GATE was racing in the two out line at the rear of the field passing the 1000m mark. Soon after, BEARR'S BEST shifted outwards to a one-out position leaving room in front of MOON COUNTESS, which was racing on the inside of GOLDEN GATE. Mr McIlwrick attempted to improve GOLDEN GATE forward which, placed MOON COUNTESS and his own horse in restricted racing room. This resulted in GOLDEN GATE being squeezed for room and causing it to fall at about the 850m mark dislodging Mr McIlwrick from the sulky.
Neither the horse nor Mr McIlwrick received any serious injury.
Mr Allison stated that at no time was Mr McIlwrick in a position to improve forwards.
Mr McNally stated that Mr McIlwrick had made an error of judgment, which had turned out badly for him. He had attempted to take up a position, which had placed him in a worse position.
Mr McIlwrick accepted it was an error on his part.
Submissions for Penalty:
Mr Allison stated that Mr McIlwrick had no breaches in the past 12 months although he had two similar breaches prior to that. He had spoken to Mr McIlwrick on numerous occasions over the past 12 months about his driving and had recently given him a final warning to improve. As a consequence of his driving, Golden Gate had fallen and fortunately there were no serious injuries to either the horse or Mr McIlwrick.
Mr Allison viewed the breach as serious and at the top end of the scale and was seeking a suspension of 3 to 4 days. Mr McIlwrick had had 120 drives this season to date and 350 drives last season. He was a busy Junior Driver in the Otago/Southland area.
Mr McIlwrick said he had admitted the breach at the outset, had a clear record and was a busy Junior Horseman. He averaged 5/6 drives per meeting and would prefer a fine as opposed to a suspension.
Reasons for Penalty:
In setting a penalty the aggravating feature of this incident is that GOLDEN GATE fell during the running at about the 850m mark as a direct result of the driving of Mr McIlwrick. No other horsemen or horses contributed to this incident.
In view of that we take a starting point of four days and add a further two days for the aggravating feature of causing a horse to fall due to poor horsemanship. Mr Allison stated Mr McIlwrick had been warned on numerous occasions over the past 12 months and was very recently reminded to improve his driving. However, as no Informations were filed on those occasions, we do not take them into account in determining a penalty for Mr McIlwrick.
This brings the starting point to six days and we give Mr McIlwrick credit of one day for his early admission of the breach and remorse, and a further day for his clear record.
We are also aware that Mr McIlwrick is a busy Junior Horseman and given that this is his first breach of any rule for the past 12 months, we reduce the suspension to three days and impose a fine in lieu of the further day’s suspension.
We base the fine on Mr McIlwrick averaging five drives per meeting @ $50 per drive ($250).
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: 389e3efd925f202b9c4acda7a1a9e7d1
informantnumber: A1448
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 05/01/2016
hearing_title: Central Otago TC 2 January 2016 - R 6 - Chair, Mr P Knowles
charge:
facts:
Following the running of race 6 the Skevington Contracting/Southern Wide Real Estate Handicap Trot, Mr C Allison lodged an Information alleging Mr McIlwrick drove carelessly when attempting to improve GOLDEN GATE inwards when insufficiently clear causing his horse to fall near the 850m mark.
Mr McIlwrick admitted the breach and appeared at the hearing assisted by Mr McNally.
Mr Allison stated that GOLDEN GATE was racing in the two out line at the rear of the field passing the 1000m mark. Soon after, BEARR'S BEST shifted outwards to a one-out position leaving room in front of MOON COUNTESS, which was racing on the inside of GOLDEN GATE. Mr McIlwrick attempted to improve GOLDEN GATE forward which, placed MOON COUNTESS and his own horse in restricted racing room. This resulted in GOLDEN GATE being squeezed for room and causing it to fall at about the 850m mark dislodging Mr McIlwrick from the sulky.
Neither the horse nor Mr McIlwrick received any serious injury.
Mr Allison stated that at no time was Mr McIlwrick in a position to improve forwards.
Mr McNally stated that Mr McIlwrick had made an error of judgment, which had turned out badly for him. He had attempted to take up a position, which had placed him in a worse position.
Mr McIlwrick accepted it was an error on his part.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As the respondent admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Allison stated that Mr McIlwrick had no breaches in the past 12 months although he had two similar breaches prior to that. He had spoken to Mr McIlwrick on numerous occasions over the past 12 months about his driving and had recently given him a final warning to improve. As a consequence of his driving, Golden Gate had fallen and fortunately there were no serious injuries to either the horse or Mr McIlwrick.
Mr Allison viewed the breach as serious and at the top end of the scale and was seeking a suspension of 3 to 4 days. Mr McIlwrick had had 120 drives this season to date and 350 drives last season. He was a busy Junior Driver in the Otago/Southland area.
Mr McIlwrick said he had admitted the breach at the outset, had a clear record and was a busy Junior Horseman. He averaged 5/6 drives per meeting and would prefer a fine as opposed to a suspension.
reasonsforpenalty:
In setting a penalty the aggravating feature of this incident is that GOLDEN GATE fell during the running at about the 850m mark as a direct result of the driving of Mr McIlwrick. No other horsemen or horses contributed to this incident.
In view of that we take a starting point of four days and add a further two days for the aggravating feature of causing a horse to fall due to poor horsemanship. Mr Allison stated Mr McIlwrick had been warned on numerous occasions over the past 12 months and was very recently reminded to improve his driving. However, as no Informations were filed on those occasions, we do not take them into account in determining a penalty for Mr McIlwrick.
This brings the starting point to six days and we give Mr McIlwrick credit of one day for his early admission of the breach and remorse, and a further day for his clear record.
We are also aware that Mr McIlwrick is a busy Junior Horseman and given that this is his first breach of any rule for the past 12 months, we reduce the suspension to three days and impose a fine in lieu of the further day’s suspension.
We base the fine on Mr McIlwrick averaging five drives per meeting @ $50 per drive ($250).
penalty:
Mr McIlwrick's Junior Horseman's licence is suspended from the completion of the Wyndham HRC (Cromwell) meeting on the 6th January, up to and including the Wyndham HRC meeting on the 19th January. This includes Oamaru HRC 7th January, Northern Southland HRC 14th January and Wyndham HRC 19th January.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr C Allison - Stipendiary Steward
JockeysandTrainer: Mr R McIlwrick - Junior Horseman driver of GOLDEN GATE
Otherperson: Mr S McNally - Assisting Mr McIlwrick
PersonPresent:
Respondent:
StipendSteward:
raceid: 6c0e618faa74f00359f5d1dd486fba11
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 6
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 9b858b01881d1e9283f300d9550f7c07
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 02/01/2016
meet_title: Central Otago TC - 2 January 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: central-otago-tc
meet_racingtype: harness-racing
meet_chair: PKnowles
meet_pm1: GHall
meet_pm2: none
name: Central Otago TC