Archive Decision

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Northern Southland TC 10 March 2018 – R 2 – Chair, Mr P Knowles

ID: JCA15483

Applicant:
Mr L Tidmarsh - Stipendiary Steward

Respondent(s):
Mr R McIlwrick - Senior Horseman

Other Person:
Mr M Hurrell- Junior Horseman, Mr S Renault - Stipendiary Steward

Information Number:
A10424

Hearing Type:
Hearing

New Charge:
869 (3) (b)

Rules:
Careless driving

Plea:
denied

Meet Title:
Northern Southland TC - 10 March 2018

Meet Chair:
PKnowles

Meet Committee Member 1:
MConway

Race Date:
2018/03/10

Race Number:
R2

Decision:

The charge is upheld.

Penalty:

Mr McIlwrick is fined $400.

Facts:

Following the running of Race 2, the Neville Cleaver Fishing Mobile Pace, an information was filed by Mr Tidmarsh, Stipendiary Steward, alleging Mr R McIlwrick “…drove ARCHMAN carelessly near the 300 metres when shifting outwards checking LIKETHELOOK (M Hurrell) which broke and TRIROYALE BRIGADE (N Williamson).”

Rule 869 provides as follows:

(3) No horseman in any race shall drive: -

(b) carelessly.

Mr McIlwrick defended the charge and appeared at the hearing.

Submissions for Decision:

Mr Renault, with the aid of the video replays, stated that Mr McIlwrick was positioned in the three wide line and one back approaching the 300 metre mark. He said Mr Hurrell (Likethelook) was on his outer and tiring. Wider outside Likethelook was Triroyale Brigade which was improving. About the 300m mark Mr McIlwrick shifted outwards forcing Likethelook wider with Likethelook coming into contact with Triroyale Brigade and breaking. Triroyale Brigade paced roughly for several strides before settling.

Mr Hurrell stated his horse was tiring when Mr McIlwrick shifted outwards onto his line. He said Mr Williamson’s horse was ahead of him on his outside and he was unable to shift outwards. He had restrained his horse in an effort to avoid Archman but was unable to and came into contact with Triroyale Brigade. The contact caused his horse to break. He further stated that Mr McIlwrick should have waited for another 50 metres before shifting outwards. 

Mr McIlwrick stated he had eased Likethelook outwards to develop his position. He said Mr Williamson’s horse Triroyale Brigade had appeared quickly on Likethelook’s outer which had contributed to the incident. He believed Mr Hurrell’s actions in restraining his horse had also contributed to the incident. He was also of the opinion the videos did not show he was solely responsible. 

Reasons for Decision:

Mr McIlwrick shifts Archman outwards when not fully clear of Likethelook with about 300m to run. This outwards movement forced Mr Hurrell to restrain his horse resulting in his horse coming into contact with the sulky of Triroyale Brigade on its outer and breaking. Both horses were checked as a result. The committee is satisfied that Mr McIlwrick’s actions solely contributed to the incident. 

Submissions for Penalty:

Mr Tidmarsh stated Mr McIlwrick had driven 200 times this season and 387 times last season. He had a clear record for this offence over the past 12 months. He said the level of interference was low to mid with interference to two runners. The JCA Penalty Guide recommended a starting point of 10 drives suspension or a fine of $500. He sought a fine of $400.

Mr McIlwrick said he had made an error and believed the offence was at the low end of the scale. He submitted he would prefer a fine as opposed to a suspension.

Reasons for Penalty:

The level of interference is mid-range. Given Mr McIlwrick’s excellent record over the past 12 months we believe a fine is appropriate. We take a starting point of $500 and give credit for his excellent record.

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: 99c95827dae3cd67a412e9cdbfa5df43


informantnumber: A10424


horsename:


hearing_racingtype:


startdate: no date provided


newcharge: 869 (3) (b)


plea: denied


penaltyrequired: 1


decisiondate: 11/03/2018


hearing_title: Northern Southland TC 10 March 2018 - R 2 - Chair, Mr P Knowles


charge:


facts:

Following the running of Race 2, the Neville Cleaver Fishing Mobile Pace, an information was filed by Mr Tidmarsh, Stipendiary Steward, alleging Mr R McIlwrick “…drove ARCHMAN carelessly near the 300 metres when shifting outwards checking LIKETHELOOK (M Hurrell) which broke and TRIROYALE BRIGADE (N Williamson).”

Rule 869 provides as follows:

(3) No horseman in any race shall drive: -

(b) carelessly.

Mr McIlwrick defended the charge and appeared at the hearing.


appealdecision:


isappeal:


submissionsfordecision:

Mr Renault, with the aid of the video replays, stated that Mr McIlwrick was positioned in the three wide line and one back approaching the 300 metre mark. He said Mr Hurrell (Likethelook) was on his outer and tiring. Wider outside Likethelook was Triroyale Brigade which was improving. About the 300m mark Mr McIlwrick shifted outwards forcing Likethelook wider with Likethelook coming into contact with Triroyale Brigade and breaking. Triroyale Brigade paced roughly for several strides before settling.

Mr Hurrell stated his horse was tiring when Mr McIlwrick shifted outwards onto his line. He said Mr Williamson’s horse was ahead of him on his outside and he was unable to shift outwards. He had restrained his horse in an effort to avoid Archman but was unable to and came into contact with Triroyale Brigade. The contact caused his horse to break. He further stated that Mr McIlwrick should have waited for another 50 metres before shifting outwards. 

Mr McIlwrick stated he had eased Likethelook outwards to develop his position. He said Mr Williamson’s horse Triroyale Brigade had appeared quickly on Likethelook’s outer which had contributed to the incident. He believed Mr Hurrell’s actions in restraining his horse had also contributed to the incident. He was also of the opinion the videos did not show he was solely responsible. 


reasonsfordecision:

Mr McIlwrick shifts Archman outwards when not fully clear of Likethelook with about 300m to run. This outwards movement forced Mr Hurrell to restrain his horse resulting in his horse coming into contact with the sulky of Triroyale Brigade on its outer and breaking. Both horses were checked as a result. The committee is satisfied that Mr McIlwrick’s actions solely contributed to the incident. 


Decision:

The charge is upheld.


sumissionsforpenalty:

Mr Tidmarsh stated Mr McIlwrick had driven 200 times this season and 387 times last season. He had a clear record for this offence over the past 12 months. He said the level of interference was low to mid with interference to two runners. The JCA Penalty Guide recommended a starting point of 10 drives suspension or a fine of $500. He sought a fine of $400.

Mr McIlwrick said he had made an error and believed the offence was at the low end of the scale. He submitted he would prefer a fine as opposed to a suspension.


reasonsforpenalty:

The level of interference is mid-range. Given Mr McIlwrick’s excellent record over the past 12 months we believe a fine is appropriate. We take a starting point of $500 and give credit for his excellent record.


penalty:

Mr McIlwrick is fined $400.


hearing_type: Hearing


Rules: Careless driving


Informant: Mr L Tidmarsh - Stipendiary Steward


JockeysandTrainer: Mr R McIlwrick - Senior Horseman


Otherperson: Mr M Hurrell- Junior Horseman, Mr S Renault - Stipendiary Steward


PersonPresent:


Respondent:


StipendSteward:


raceid: 9c9cafa1efda298c6c5c87bded0b1db5


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: 1e4e15e0d045e3b260f2717ce4f370cf


meet_expapproval:


meet_noreport: 0


waitingforpublication: 0


meet_emailed1: 0


meet_emailed2: 0


meetdate: 10/03/2018


meet_title: Northern Southland TC - 10 March 2018


meet_expappcomment:


meet_km:


meet_otherexp:


tracklocation: northern-southland-tc


meet_racingtype: harness-racing


meet_chair: PKnowles


meet_pm1: MConway


meet_pm2: none


name: Northern Southland TC