Oamaru HRC 22 September 2019 – R 9 – Chair, Prof G Hall
ID: JCA16964
Meet Title:
Oamaru HRC - 22 September 2019
Meet Chair:
GHall
Meet Committee Member 1:
PKnowles
Race Date:
2019/09/22
Race Number:
R 9
Decision:
As Mr McIlwrick has admitted the breach, it is found to be proved.
Penalty:
Mr McIlwrick is fined the sum of $200 and reminded of his professional obligations.
Facts:
Mr Renault alleged that Mr McIlwrick (ZONED SCARLETT) drove carelessly near the 4-00 metres in race 9, the WAITAKI REFRIGERATION LTD HANDICAP TROT, by striking the wheel of CLYDE (Mr Thornley).
Mr McIlwrick admitted the breach and was present at the hearing.
Mrs Tibbs, Stipendiary Steward, demonstrated on the films that ZONED SCARLETT was racing one out towards the rear of the field. Mr McIlwrick attempted to improve to the outside of CLYDE and in so doing the outside front leg of ZONED SCARLETT came into contact with the wheel of CLYDE’s cart.
Mr Renault stated that ZONED SCARLETT broke and lost 2 or 3 lengths before the horse came back into a trot.
Mr McIlwrick said ZONED SCARLETT was hanging inwards and he had to grab the right rein. He was trying to progress on Mr Thornley’s back and Mr Thornley had started to shift outwards at the same time. Mr Holmes’ horse had also eased a little.
When questioned by the Committee, Mr Renault replied that Mr McIlwrick was correct when he said there was a slight easing of the pace at the time and that ZONED SCARLETT was causing him difficulty.
Submissions for Penalty:
Mr Renault produced the respondent’s record. Mr McIlwrick is a fairly busy Otago/ Southland driver, although he has recently had some time away from the industry. He has had 31 drives this season and 90 last season. His record is clear under this rule.
Mr Renault identified the starting point in the JCA Penalty Guide as being a $300 fine. He submitted a $200 to $250 fine was appropriate in this instance.
Mr McIlwrick emphasised that his record was good under this rule.
Reasons for Penalty:
The breach is low end. ZONED SCARLETT was racing keenly and was hanging. Mr Thornley had also looked to come out at the time the respondent looked to progress forward. That said, as the driver of ZONED SCARLETT, it is Mr McIlwrick’s obligation under the Rules to keep his horse clear of the horse he is following. Significantly, the only horse affected by Mr McIlwrick’s actions was ZONED SCARLETT, which galloped briefly.
After considering the JCA starting point, the gravity of the breach, the respondent’s admission and his very good record, we believe a fine of $200 is appropriate.
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: b96991a8086fe635cf1bb90f741e83a9
informantnumber: A12655
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Careless driving
plea: admitted
penaltyrequired: 1
decisiondate: 24/09/2019
hearing_title: Oamaru HRC 22 September 2019 - R 9 - Chair, Prof G Hall
charge:
facts:
Mr Renault alleged that Mr McIlwrick (ZONED SCARLETT) drove carelessly near the 4-00 metres in race 9, the WAITAKI REFRIGERATION LTD HANDICAP TROT, by striking the wheel of CLYDE (Mr Thornley).
Mr McIlwrick admitted the breach and was present at the hearing.
Mrs Tibbs, Stipendiary Steward, demonstrated on the films that ZONED SCARLETT was racing one out towards the rear of the field. Mr McIlwrick attempted to improve to the outside of CLYDE and in so doing the outside front leg of ZONED SCARLETT came into contact with the wheel of CLYDE’s cart.
Mr Renault stated that ZONED SCARLETT broke and lost 2 or 3 lengths before the horse came back into a trot.
Mr McIlwrick said ZONED SCARLETT was hanging inwards and he had to grab the right rein. He was trying to progress on Mr Thornley’s back and Mr Thornley had started to shift outwards at the same time. Mr Holmes’ horse had also eased a little.
When questioned by the Committee, Mr Renault replied that Mr McIlwrick was correct when he said there was a slight easing of the pace at the time and that ZONED SCARLETT was causing him difficulty.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
As Mr McIlwrick has admitted the breach, it is found to be proved.
sumissionsforpenalty:
Mr Renault produced the respondent’s record. Mr McIlwrick is a fairly busy Otago/ Southland driver, although he has recently had some time away from the industry. He has had 31 drives this season and 90 last season. His record is clear under this rule.
Mr Renault identified the starting point in the JCA Penalty Guide as being a $300 fine. He submitted a $200 to $250 fine was appropriate in this instance.
Mr McIlwrick emphasised that his record was good under this rule.
reasonsforpenalty:
The breach is low end. ZONED SCARLETT was racing keenly and was hanging. Mr Thornley had also looked to come out at the time the respondent looked to progress forward. That said, as the driver of ZONED SCARLETT, it is Mr McIlwrick’s obligation under the Rules to keep his horse clear of the horse he is following. Significantly, the only horse affected by Mr McIlwrick’s actions was ZONED SCARLETT, which galloped briefly.
After considering the JCA starting point, the gravity of the breach, the respondent’s admission and his very good record, we believe a fine of $200 is appropriate.
penalty:
Mr McIlwrick is fined the sum of $200 and reminded of his professional obligations.
hearing_type: Hearing
Rules: 869(3)(b)
Informant: Mr S Renault - Stipendiary Steward
JockeysandTrainer: Mr R McIlwrick - Open Horseman
Otherperson: Mrs C Tibbs - Stipendiary Steward
PersonPresent:
Respondent:
StipendSteward:
raceid: 52fb04977a701d8066938d2f3887ad48
race_expapproval:
racecancelled: 0
race_noreport: 0
race_emailed1: 0
race_emailed2: 0
race_title: R 9
submittochair:
race_expappcomment:
race_km:
race_otherexp:
race_chair:
race_pm1:
race_pm2:
meetid: 69eb4bb935420c7afbc9530d62e354af
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 22/09/2019
meet_title: Oamaru HRC - 22 September 2019
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: oamaru-hrc
meet_racingtype: harness-racing
meet_chair: GHall
meet_pm1: PKnowles
meet_pm2: none
name: Oamaru HRC