Ashburton TC 10 November 2016 – R 5 – Chair, Mr D Jackson
ID: JCA11126
Meet Title:
Ashburton TC - 10 November 2016
Meet Chair:
DJackson
Meet Committee Member 1:
DAnderson
Race Date:
2016/11/10
Race Number:
R 5
Decision:
In light of Mr McIlwrick’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.
Penalty:
Mr McIlwrick is fined $250 for his clear excessive use of the whip on this occasion.
Facts:
Following the running of Race 5, the Inkwise NZ Mobile Pace (Junior Drivers), an information was laid by Stipendiary Steward, Mr SP Renault against Mr R McIlwrick, alleging a breach of Rule 869(2)(a), in that Mr McIlwrick used his whip in an excessive manner when driving Danny Del Vito.
Rule 869(2)(A) reads:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.
Mr McIlwrick admitted the charge in writing and attended the hearing with Mr John Dunn assisting.
Through video evidence Mr Renault showed Mr McIlwrick strike Danny Del Vito with the whip approximately 20 times during its run down the home straight to the finish.
Submissions for Penalty:
Mr Renault pointed to Mr McIlwrick’s clean record over the last twelve months and pointed out that Mr McIlwrick was a busy junior driver having 77 races this season and 253 drives last season. In light of his good record, his status as a junior and his admission Mr Renault proposed a fine of $300.
Mr Dunn and Mr McIlwrick emphasised the fact that Mr McIlwrick’s rapid use of the whip at the top of the straight accounted for the majority of the strikes to his horse and that he broke up his action during the run home and used the reins to encourage the horse towards the finishing post.
Mr McIlwrick acknowledged that he should have done better and informed the Committee that this was an aspect of his driving that he was conscious of and was working on. He apologised for his actions and said he would learn from the incident.
Reasons for Penalty:
After hearing the submissions the Committee took into account Mr McIlwrick's admission of the breach and in light of his good record it determined that he be fined as proposed. Taking a starting point of $500 as per the Guidelines there will be a discount of $250 for his admission, for his clean record and for his genuine display of insight and remorse for his breach. As to the last mitigating factor identified: this was a junior driver putting his hand up for an error of judgment – without seeking to blame his drive or otherwise deflect responsibility – for which credit is due.
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: 143c8daa682a5710a9fd0a423ff96fa9
informantnumber: A6256
horsename:
hearing_racingtype:
startdate: no date provided
newcharge: Excessive use of whip
plea: admitted
penaltyrequired: 1
decisiondate: 14/11/2016
hearing_title: Ashburton TC 10 November 2016 - R 5 - Chair, Mr D Jackson
charge:
facts:
Following the running of Race 5, the Inkwise NZ Mobile Pace (Junior Drivers), an information was laid by Stipendiary Steward, Mr SP Renault against Mr R McIlwrick, alleging a breach of Rule 869(2)(a), in that Mr McIlwrick used his whip in an excessive manner when driving Danny Del Vito.
Rule 869(2)(A) reads:
“No horseman shall…use his whip in an unnecessary, excessive or improper manner”.
Mr McIlwrick admitted the charge in writing and attended the hearing with Mr John Dunn assisting.
Through video evidence Mr Renault showed Mr McIlwrick strike Danny Del Vito with the whip approximately 20 times during its run down the home straight to the finish.
appealdecision:
isappeal:
submissionsfordecision:
reasonsfordecision:
Decision:
In light of Mr McIlwrick’s admission of the charge and the clear video evidence of excessive use of the whip the breach was found proved.
sumissionsforpenalty:
Mr Renault pointed to Mr McIlwrick’s clean record over the last twelve months and pointed out that Mr McIlwrick was a busy junior driver having 77 races this season and 253 drives last season. In light of his good record, his status as a junior and his admission Mr Renault proposed a fine of $300.
Mr Dunn and Mr McIlwrick emphasised the fact that Mr McIlwrick’s rapid use of the whip at the top of the straight accounted for the majority of the strikes to his horse and that he broke up his action during the run home and used the reins to encourage the horse towards the finishing post.
Mr McIlwrick acknowledged that he should have done better and informed the Committee that this was an aspect of his driving that he was conscious of and was working on. He apologised for his actions and said he would learn from the incident.
reasonsforpenalty:
After hearing the submissions the Committee took into account Mr McIlwrick's admission of the breach and in light of his good record it determined that he be fined as proposed. Taking a starting point of $500 as per the Guidelines there will be a discount of $250 for his admission, for his clean record and for his genuine display of insight and remorse for his breach. As to the last mitigating factor identified: this was a junior driver putting his hand up for an error of judgment – without seeking to blame his drive or otherwise deflect responsibility – for which credit is due.
penalty:
Mr McIlwrick is fined $250 for his clear excessive use of the whip on this occasion.
hearing_type: Hearing
Rules: 869(2)(a)
Informant: Mr SP Renault - Stipendiary Steward
JockeysandTrainer: Mr R McIlwrick - Junior Horseman
Otherperson: Mr J Dunn - Open Horseman assisting Mr McIlwrick
PersonPresent:
Respondent:
StipendSteward:
raceid: a1fa2762e1c9b69121b67884f7f7a9dc
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: ed668ba21736acf17c7f397e17b65e44
meet_expapproval:
meet_noreport: 0
waitingforpublication: 0
meet_emailed1: 0
meet_emailed2: 0
meetdate: 10/11/2016
meet_title: Ashburton TC - 10 November 2016
meet_expappcomment:
meet_km:
meet_otherexp:
tracklocation: ashburton-tc
meet_racingtype: harness-racing
meet_chair: DJackson
meet_pm1: DAnderson
meet_pm2: none
name: Ashburton TC